Ilyashev & Partners Successfully Defends International Company in Dismissal Dispute

27/ 10/ 2025

On October 14, 2025, the Kyiv Court of Appeal ruled in favor of the Ukrainian subsidiary of an international company in a dispute over a claim of unfair dismissal and reinstatement at work filed by a former employee. In 2024, the Ukrainian enterprise of a transnational corporation changed its organizational structure and employee count. Following the results of an internal audit, a decision was made to reduce certain positions because of a decrease in the number of employees attending the office. After the dismissal, the employee filed a claim against the enterprise, referring to the alleged violation of the notification period, failure to offer vacant positions, and absence of consent from the trade union organization. Ilyashev & Partners team provided the court with comprehensive evidence of the employer’s compliance with all requirements of labor legislation, including timely notification of the employee, consultations with the trade union, and measures taken to offer vacant positions. In December 2024, the Pecherskyi District Court of Kyiv City agreed with the position of the Ilyashev & Partners team and ruled in favor of the Ukrainian enterprise. Disagreeing with the decision of the court of first instance, the former employee of the enterprise appealed to the Kyiv Court of Appeal. The Kyiv Court of Appeal accepted the arguments of Ilyashev & Partners’ experts regarding the employer’s compliance with the procedure for dismissing an employee during the staff reduction and concluded that the company had legal grounds for dismissal, while the plaintiff failed to provide proper evidence of trade union membership or violation of his labor rights. Thus, the decision of the Pecherskyi District Court of Kyiv City was upheld, and the claim of the former employee was dismissed. The case was handled by Partner Valeriia Gudiy, Attorney Alina Borovets, and Head of Dnipro Office, Attorney at Law Oleksandr Kamsha.

In 2024, the Ukrainian enterprise of a transnational corporation changed its organizational structure and employee count. Following the results of an internal audit, a decision was made to reduce certain positions because of a decrease in the number of employees attending the office.

After the dismissal, the employee filed a claim against the enterprise, referring to the alleged violation of the notification period, failure to offer vacant positions, and absence of consent from the trade union organization.

Ilyashev & Partners team provided the court with comprehensive evidence of the employer’s compliance with all requirements of labor legislation, including timely notification of the employee, consultations with the trade union, and measures taken to offer vacant positions.

In December 2024, the Pecherskyi District Court of Kyiv City agreed with the position of the Ilyashev & Partners team and ruled in favor of the Ukrainian enterprise. Disagreeing with the decision of the court of first instance, the former employee of the enterprise appealed to the Kyiv Court of Appeal.

The Kyiv Court of Appeal accepted the arguments of Ilyashev & Partners’ experts regarding the employer’s compliance with the procedure for dismissing an employee during the staff reduction and concluded that the company had legal grounds for dismissal, while the plaintiff failed to provide proper evidence of trade union membership or violation of his labor rights.

Thus, the decision of the Pecherskyi District Court of Kyiv City was upheld, and the claim of the former employee was dismissed.

The case was handled by Partner Valeriia Gudiy, Attorney Alina Borovets, and Head of Dnipro Office, Attorney at Law Oleksandr Kamsha.