News date: 18 February 2014
ABOUT THE CASE: The Social Protection Fund for People with Disabilities sued TOV NetCracker in two actions seeking over UAH 5 million in sanctions, alleging that NetCracker had failed to meet the mandatory quota for the employment of people with disabilities. Opting for a rather formal approach, the trial court sustained the Fund’s claim. The courts of first and second appellate jurisdictions, however, have made a more thorough study into the matter and reversed the trial court’s decision as unjust since NetCracker had been in good standing with reporting and voluntarily recruited persons with disabilities for the upcoming vacancies.
Maksym Kopeychykov, Partner at Ilyashev & Partners which ran the case, said that even with a vast number of similar cases being heard by administrative courts, persuading the judges was quite challenging. “Luckily, in reaching its decision the Higher Administrative Court made a serious study into the case and recognised that the trial court had misapplied the substantive law”.
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