The Supreme Court explained who should compensate moral damage to the family of a deceased employee due to a rocket attack
The death of an employee during the performance of work duties as a result of a rocket attack, which is a consequence of military actions by the aggressor state, is not grounds for imposing on the employer the obligation to compensate moral damage to the employee’s family member if there is no violation by the employer of labor protection legislation. Such damage is subject to compensation at the expense of the aggressor state or other sources defined by law. This conclusion was made by the Supreme Court in the composition of the panel of judges of the First Judicial Chamber of the Cassation Civil Court.
On January 22, 2025, the Cassation Civil Court of the Supreme Court considered, under simplified proceedings, a cassation appeal by an individual in a case against a limited liability company (LLC) for compensation of moral damage caused by the death of her father.
To substantiate her claims, the plaintiff stated that in June 2023 her father, who was employed by the LLC, suffered a fatal accident caused by a rocket attack, and therefore, in her opinion, she has the right to claim moral damage compensation from the LLC.
The court of first instance, whose conclusions were upheld by the appellate court, denied the claim, guided by the absence of violations by the defendant of the provisions of Articles 153, 160 of the Labor Code of Ukraine, and Articles 13, 23 of the Law "On Labor Protection." At the same time, since the fatal accident that occurred in June 2023 with the father during the performance of his work duties happened precisely due to the consequences of military (combat) actions conducted by the occupying state, compensation for moral damage caused by the military aggression of the occupying state against Ukraine cannot be imposed on the LLC.
The Supreme Court agreed with the conclusions of the lower courts regarding the denial of the claim, due to the absence of violations of Articles 153, 160 of the Labor Code of Ukraine and Articles 13, 23 of the Law "On Labor Protection" by the LLC.
Compensation to employees and employers for monetary amounts related to labor relations lost as a result of armed aggression against Ukraine is carried out at the expense of the aggressor state, as well as funds received from relevant funds for the restoration of Ukraine, including international, international technical and/or repayable or non-repayable financial assistance, and other sources provided by law. The procedure for determining and compensating employees and employers for monetary amounts related to labor relations lost due to armed aggression against Ukraine is established by the Cabinet of Ministers of Ukraine (Article 15 of the Law "On the Organization of Labor Relations under Martial Law").
Thus, since the fatal accident that occurred with the husband during the performance of his work duties happened precisely due to the consequences of military (combat) actions conducted by the occupying state, compensation for moral damage caused by the military aggression of the occupying state against Ukraine cannot, under the circumstances of this case, be imposed on the LLC.
More details and the text of the Supreme Court ruling in case No. 210/6142/23 (proceeding No. 61-9226sv24) can be found at this link.
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