A civil servant won compensation for delayed payments upon dismissal but failed to receive a night work allowance

The Sumy District Administrative Court considered, in simplified proceedings without summoning the parties, an administrative case filed by a former official against the Sumy Customs Office regarding the recognition of inaction as unlawful and the obligation to take action.

Case circumstances

The plaintiff served in the civil service from July 3, 2023, to June 28, 2024, as a state inspector at the "Konotop" customs post of the Sumy Customs Office, working around the clock. By orders of the Sumy Customs Office dated January 19, 2023, No. 1-F and January 8, 2024, No. 1-F, officials were granted a monthly allowance for night work in the amount of 20% of the official salary.

The plaintiff performed official duties, including night shifts (from 10:00 PM to 6:00 AM), as confirmed by duty schedules. However, the mentioned night work allowance was not accrued or paid throughout the entire service period. This led to an understatement of the amount of material assistance for health improvement, vacation pay in 2023 and 2024, compensation for unused vacation, and severance pay upon dismissal.

After dismissal on June 28, 2024, the final settlement with the plaintiff was made only on October 5, 2024. After the case was opened, the Sumy Customs Office by order dated October 3, 2024, No. 54-F, recalculated and paid part of the amounts, including the night work allowance, severance pay, material assistance for health improvement, vacation pay, and vacation compensation.

The plaintiff argued that the night work allowance should have been paid as a fixed amount of 20% of the official salary monthly regardless of the number of night hours worked and also demanded recovery of average earnings for the delay in settlement upon dismissal.

The Sumy Customs Office stated in its response that accruals were made according to time sheets and legislation, and the night work allowance should be calculated only for the actual night hours worked.

Court decision

The court partially satisfied the administrative claim.

The court recognized the inaction of the Sumy Customs Office regarding the failure to make a timely full settlement with the plaintiff upon dismissal as unlawful.

The court ordered the Sumy Customs Office to pay the plaintiff average earnings for the delay in settlement upon dismissal in the amount of UAH 9,473.77. When determining this payment, the court was guided by the legal position of the Grand Chamber of the Supreme Court set out in the ruling of October 8, 2025, in case No. 489/6074/23. Considering the principles of reasonableness, fairness, proportionality, and the proportionality of the claimed amount to the size of the overdue debt (UAH 9,473.77), the court reduced the compensation to 100% of the unpaid amount as of the dismissal date.

The court also awarded the plaintiff court fees of UAH 605.60 and professional legal assistance costs of UAH 2,500.00.

The court denied the rest of the claims, including recognizing the inaction regarding the non-accrual of a fixed monthly night work allowance of 20% of the official salary regardless of hours worked, recovery of an additional UAH 23,472.00, and a full recalculation of all payments.

The court established that according to Article 108 of the Labor Code of Ukraine, night work is paid at an increased rate, not less than 20% of the official salary for each hour worked at night. The customs office orders established an allowance specifically for night work, not a fixed monthly bonus. Since the number of night hours worked was less than the plaintiff assumed, the amount recalculated by the customs office complies with the legislation.

The decision may be appealed to the Second Administrative Court of Appeal within thirty days from the date of the full text of the decision. The decision enters into legal force after the expiration of the appeal period if no appeal is filed.

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