Judges’ panel considered an appeal on the decision to reinstate a plaintiff in the position of the head of the executive apparatus of the Obukhiv district council in the Kyiv region
Judges’ panel of the Sixth Administrative Court of Appeal considered an appeal on the decision of a first instance court from November 28, 2019 in administrative case No.320/6019/19.
The plaintiff files an administrative claim to the Obukhiv district council of Kyiv region, in which asked to:
- rule as illegal and decline a regulation of the district council from the 15/10/2019 No.102-k on her demission;
- compel a defendant to reinstate her in the position of the head of the executive apparatus of the Obukhiv district council in the Kyiv region;
- act to collect from the defendant in the favor of plaintiff an average wage for the time of forced absence from October 15, 2019 until the day when the court renders a decision;
- allow an immediate execution of the decision in the part of reinstating at work and acting to collect a wage for one month.
The first instance court dismissed a claim. The plaintiff was discharged for being absent from duty, because of on October 15, 2019 she wasn’t at work without good cause. The court of appeal found that, from October 15 to October 24, 2019, according to the temporary disability leave, she was on sick leave and admitted that the plaintiff was absent from work for a good reason.
On this basis, the judges’ panel of the Sixth Administrative Court of Appeal overturned a judgement of the first instance court and fully satisfied the demands.