The Civil Cassation Court within the Supreme Court ruled in favour of the Ukrainian subsidiary of an international company, confirming the lawfulness of the dismissal of an employee who challenged the employer's order and sought reinstatement.
The dispute arose from the employee’s systematic violations of labor discipline and failure to comply with the company’s internal regulations, specifically its mandatory food safety policies for all staff. The employer consistently applied the disciplinary measures provided by law: initially issuing a reprimand and subsequently deciding to terminate the employment relationship.
Ilyashev & Partners’ team provided comprehensive legal support to the client at all stages of the litigation. The courts of first and appellate instances upheld the employer’s position, and the Supreme Court ultimately confirmed that the disciplinary sanctions and dismissal were applied in compliance with labor legislation and the company’s internal procedures.
The Court agreed that the employee’s violations were systemic, properly documented, and posed risks to the enterprise's operations and corporate reputation.
"In this case, it was fundamental to demonstrate that the employer acted not situationally, but consistently and within clearly defined procedures," noted Valeriia Gudiy, Partner at Ilyashev & Partners. "The Supreme Court drew attention to the proper recording of violations, adherence to the statutes of limitation for disciplinary action, and the alignment of the decisions made with the company’s internal policies. For a business operating under international quality and safety standards, the consistency and predictability of disciplinary processes are key. This is exactly what we managed to prove in the court of cassation convincingly."
The project was handled by Attorney-at-Law and Ilyashev & Partners Partner Valeriia Gudiy.