Client — a former employee of one of Ukraine’s largest state-owned energycompanies.
Matter — representation of the client in an employment dispute concerningthe recovery of an accrued but unpaid bonus and other payments due to theemployee. The case involved the application of employment law provisions undermartial law, the interpretation of the employer’s internal policies, theprocedure for determining and paying bonus remuneration, as well as proving theactual performance by the employee of their job duties.
Role — the team carried out: analysis of the employment agreement and theemployer’s internal documents; determination of the legal nature of the bonusremuneration; calculation of the payments due to the employee; preparation ofthe statement of claim and evidence; representation of the client in court; andrefutation of the defendant’s arguments regarding the discretionary nature ofthe bonus.
Jurisdiction — Ukraine.
Court — Shevchenkivskyi District Court of Kyiv and Kyiv Court of Appeal.
Practice — Dispute Resolution |
Status — the courts of first and appellate instances issued decisions in thecase.
Significance of the Matter— the case concernedthe remuneration of a high-level employee and required an analysis of therelationship between the employment agreement, corporate policies, anddecisions of the governing bodies of the state-owned company. The projectdemonstrates the experience of representing managers and key employees indisputes concerning substantial bonus and compensation payments.