Issues of judicial recourse term in cases of dismissal

Abstract

Issues of judicial recourse term and its differentiation in cases of dismissal are examined. The respective issues concern the term duration; the term calculation; the term differentiated legal regulation. It is reveled that the current one-month term does not meet the interests of employees, contradicts the requirements of substantiation, reasonableness and fairness. Such term also contradicts the human right to a fair trial and does not correspond to the essence, focus and values of labor law. It is proposed to establish a unified one-year judicial recourse term in labor cases (while maintaining the indefinite term for filing claims for payment of wages). It is substantiated that in order to effectively appeal to court, the plaintiff needs both a dismissal order and an employment history book. It is proposed to provide calculation of the term of appeal to the court in cases of dismissal from the date of delivery of both a copy of a dismissal order and an employment history book. The differentiation of judicial recourse term in cases of dismissal from public service was also revealed. The Code of Administrative Proceedings of Ukraine refers to the day when the person learned or should have learned about the violation of his or her rights, freedoms or interests. Such differentiation is unreasonable and worsens the legal status of employees whose dismissal cases are subject to consideration in the order of administrative proceedings. The Code of Administrative Proceedings of Ukraine is proposed to be amended by a provision that calculates the respective term from the day when the person received both a copy dismissal order and an employment history book. It is revealed that civil and administrative proceedings assume different legal consequences of missing the judicial recourse term in cases of dismissal. The asymmetrical procedural regimes for implementation of similar labor rights and interests seem unjustified, since it is not due to the objective prerequisites for labor relations legal regulation differentiation. Unification is proposed in this matter. It should be based on the approach that is now embodied in administrative proceedings.