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Pensioner won his right to payment in court

 For about a year in the Kherson region, in the courts of first instance and appeal there was considered an issue about salary, calculation of severance, the payment of average earnings during a delay of payments at dismissal and compensation of moral harm.

 In May 2015 the resident of the village of Bilozerka Yuriy addressed Bilozerka Law Community Center with the request to help recover his wages unpaid at the termination of the Electromash enterprise and compensation for the unused vacation.

Yuri quit in early March 2015 in connection with retirement.

Since the client did not know the exact amount of debt, the lawyer of the center Lyudmila Zagorovska initially helped Yuri write a requirement for the Director to provide information on the unpaid salary on the date of termination and compensation for the unused leave and the requirement to pay back the funds. However, the administration ignored these requirements. There was no response to the registered letter.

Further, the lawyer of the center helped Yuri make the claim to the Suvorovsky district court in Kherson on the payment of wages, calculation of severance, the payment of average earnings during a delay of payments at dismissal and compensation of moral harm. The approximate calculation of amounts of wage arrears was applied to the statement of claim.

In December 2015 the court of first instance rendered a decision partially granting the plaintiff's requirement (in the judgment of recovery there were smaller amounts of wage arrears and payment of average earnings during delay than stated in the claim; the requirement of compensation of moral harm was satisfied completely).

The employer appealed the decision of the district court.

So, Yuri turned back to Bilozerka Law Community Center. The lawyer of the Center helped write and submit timely objections to the appeal of the employer.

Because of the defendant the hearings were repeatedly postponed, and only in June 2016 the court of Appeal of the Kherson region rendered a decision rejecting the appeal of the defendant and upheld the decision of the Suvorovsky district court.

Yury shared his experience of participating in the trial with Bilozerka LCC (he represented his interests in the court independently); currently, the man hopes that the enterprise will comply with the decision of the court and return him the amounts owed.

P.S. Community Law Centers are created and work in the framework of the "Legal aid to the poor and vulnerable groups” Initiative with the financial support of “Human Rights and Justice” Program Initiative of International Renaissance Foundation. Read more about activity of Community Law Center network, basics and principles of work on Legal Space.

The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

 

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