The Supreme Court did not consider the appeal of the Kakhovka MBA against the dismissal of an official

The Supreme Court left without consideration the cassation appeal of the Kakhovka MBA against the decisions of the courts of first and appellate instances. Earlier, the courts declared illegal the order of the head of the administration to suspend the employment contract of one of the officials of the executive committee, who is now in the temporarily occupied territory of Kherson region.

This was reported by the Center for Investigative Journalism.

Earlier, the courts of first and appellate instances declared illegal the order of the head of the MVA Vitaliy Nemets of May 31, 2024, to suspend the employment contract of one of the officials of the executive committee of the Kakhovka City Council, who is currently in the temporarily occupied territory of Kherson region. Due to the security situation, the official's name and position are not disclosed.

The MVA's order then applied to all officials who remained in the occupied territory and provided for the suspension of their employment contracts. Even officials with elected positions were among them, which contradicted the Law of Ukraine "On the Organization of Labor Relations under Martial Law." In the courts of all three instances, the administration tried to justify the legality of its actions, but could not find any legal grounds for suspending the contract.

The MBA's cassation appeal was procedurally incorrect: the administration did not provide grounds for appeal, did not confirm that copies of the appeal had been sent to other parties to the case, and did not pay the full court fee. The Supreme Court gave the administration an opportunity to eliminate these violations, otherwise the complaint will be returned. The court ruling has already entered into force and is not subject to appeal.

Due to the illegal suspension of the employment contract, the official must be paid about 300 thousand hryvnias of average salary, as well as cover the costs of the court and a lawyer. Back in August 2024, the Southern Interregional Department of the State Labor Service of Ukraine pointed out the illegality of Kakhovska 's actions and demanded that the violations of labor law be eliminated. However, the administration ignored the recommendations and refused to pay wages for forced absenteeism, in violation of the court decision.

Thus, the MVA effectively left the official without work and income in the territory temporarily under the control of the Russian occupiers, which led to a legal conflict and financial losses for the community.

In September, four deputies of the Kakhovka City Council resigned from their positions early because they could not travel abroad due to a government ban. In total, eight deputies resigned early.

Анна Бальчінос