The plaintiff Yatsynich L.M. appealed to the court with a lawsuit against the Chervonograd Secondary School of Levels I-III No. 5 of the Chervonograd City Council of the Lviv Region, requesting that the order No. 189-k dated 08.11.2021 on her suspension from work be declared illegal and annulled and her reinstatement at work; obligate to pay wages for the period of illegal suspension from work.
This was stated in the court decision of the Chervonograd city court.
The plaintiff motivated by the fact that she works as a physical education teacher at the Chervonohrad Secondary School of Grades 1-3 No. 5 of the Chervonohrad City Council of the Lviv Region. As stated in the lawsuit, in November 2021, the plaintiff was faced with a gross violation of her 1st constitutional right to work, which consisted in the constant illegal demand for medical information regarding vaccination against respiratory disease SOU-19, caused by the 8АК5-СоV-2 coronavirus and limiting her right to full-time work. On November 8, 2021, the plaintiff was handed an order to suspend her from work due to the lack of vaccination against the respiratory disease SOUGO-19, caused by the 8AK8-SoU-2 coronavirus, with reference to the order of the Ministry of Health of Ukraine.
The Chervonograd city court did not satisfy the teacher’s claim with the relevant decision of 12/13/2021.
On April 6, 2023, the panel of judges of the civil trial chamber of the Lviv Court of Appeal considered the appeal of the representative of Lyudmila Mykolaivna Yatsynych – Chernyavskyi Ruslan Ivanovich – and satisfied the demands in part, namely:
Recognized as illegal and annul order No. 189-k dated November 8, 2021 on the removal of Lyudmila Mykolaivna Yatsynych from the work of a physical education teacher of the Chervonograd secondary school grades I-III No. 5 of the Chervonograd city council of the Lviv region.
To oblige Gymnasium No. 5 of the Chervonograd City Council of the Lviv Region to pay Lyudmila Mykolaivna Yatsynych the average earnings for the period of her suspension from work for the period from November 8, 2021 to March 1, 2022 in the amount of 44,930 (forty four thousand nine hundred and thirty) hryvnias 46 a penny
The case was also continued in the Supreme Court of Ukraine due to the cassation appeal of gymnasium No. 5 of Chervonograd city council of Lviv region
In its decision of December 21, 2023, the Supreme Court decided to dismiss the Cassation appeal of gymnasium No. 5 of the Chervonograd city council of the Lviv region. Leave the ruling of the Lviv Court of Appeal of April 6, 2023 unchanged.