allTax legal and tax advisers enterd in a labour dispute with Raiffeisen Leasing Aval regarding reinstatement one of the employees on its position and exacting the compensation for the compulsory absence from work. Court hearings few times were postponed in order to summon additional evidences and there delivery to the Court. Raiffeisen Lising Aval insisted that the dismissal was legal because that time there were no free vacant job for the employee which they could offer to a dismissed person.
Artem Sereda, partner of allTax, filed a petition to the Fiscal Office in order to summon information about employees of Raiffeisen Lising Aval that had vacations because of child care and information regarding new employees that were accepted by Raiffeisen Lising Aval (and paid taxes on such employees) during the time of the dismissal of the Claimant.
Artem Sereda also provided to the court the letter which was addressed to another employee informing him that Raiffeisen Lising Aval had vacant positions. The letter included the period of the dismissal of the Claimant.
The Court of the first level made the following decision (extraction):
"To satisfy the suit. To reinstate employee on its previous position at Raiffeisen Lising Aval. To exact from Raiffeisen Lising Aval on behalf of the employee 0,1 mln hrivnas".
That is why most of the claims were satisfied. allTax legal and tax advisors would inform regarding reviewing of the decision in the Court of Apple. Artem Sereda protects the interests of the employee in the Court.
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About Raiffeisen Lising Aval:
The founders of Raiffeisen Leasing Aval LLC, according to the data of the Ukrainian Register of Legal Entities, are PJSC Raiffeisen Bank Aval, address: Kiev, Leskova street, 9, code 143 05 59 09 and LLC Raiffeisen-Leasing International (Austria), address: am. Stadtpark, 9, Vienna, Austria.
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The comments of allTax’s partner Artem Sereda about the victory in the court case against Raiffeisen Lising Aval:
“Raiffeisen Lising Aval was strong and there lawyers held the case on a high level. On some court hearings it seemed that their legal position was stronger and more argued. Anyway, skills achieved while participation in the court' cases allows aline the situation, enforce it and receive a victory in the cases which are lost from the beginning. It is pleasant to fight with the adversary who is more famous then you and much larger. More pleasant to win such cases. Even experienced lawyer can study on such cases".