[Summary translation prepared by Business & Human Rights Centre]

Decision of 22 July 2025 in case No. 332/7450/24

On 27 December 2024, lawyer Ruzanna Tysiashnyk, acting in the interests of OSOBA_1 (the claimant), filed a lawsuit against LLC “Zaporizhzhia Titanium and Magnesium Plant” (the defendant, ZTMK), seeking to declare the dismissal order unlawful, reinstate the claimant to his job, and recover average earnings for the period of forced absence.

The claim states that the claimant had been employed at ZTMK since 1 January 2014, with nearly 11 years of service. His last position was electrician for the repair and maintenance of electrical equipment, although this transfer was not recorded in his employment record due to the wartime situation. According to the defendant’s letter of 21 November 2024, the claimant was dismissed on 7 November 2024 under Article 40(1)(4) of the Labour Code of Ukraine (absenteeism).

The claimant considers the dismissal unlawful. He argues that he was undergoing physiotherapy treatment from 28 October to 8 November 2024, which coincides with the dates of alleged absence, and had informed his supervisor. On 30 October 2024, he also sent a request for unpaid leave via Viber, which the employer acknowledged. Additionally, from 7 to 11 November 2024, he was on sick leave, confirmed by a medical certificate, and notified the employer accordingly. Therefore, the claimant maintains that his absence was for valid reasons known to the employer.

The court ruled:

• To satisfy the claim in full.
• To declare unlawful and cancel the dismissal order of 7 November 2024 No. 49/VC.
• To reinstate OSOBA_1 to his position as electrician at ZTMK from 7 November 2024.
• To recover from the company average earnings for the period of forced absence from 8 November 2024 to 22 July 2025 in the amount of UAH 89,555.54 (subject to taxes).
• To recover court fees of UAH 1,211.20 in favor of the state.
• To recover UAH 22,000 in legal assistance costs in favor of the claimant.

The court also ordered immediate enforcement of the decision in the part concerning reinstatement and payment of one month’s salary.