Vasil Kisil & Partners defended NCH Capital Inc. subsidiary

Vasil Kisil & Partners successfully defended the interests of one of the subsidiaries of NCH Capital Inc., an American fund, in a labor dispute with the former CEO. Having disagreed with investors’ decision the CEO tried to challenge his dismissal carried out on the basis of Section 5, Part 1, article 41 of the Labor Code of Ukraine, in court.

Section 5, Part 1, article 41 provides for the right of investors to terminate the authority of any of the officers of the company at any time by dismissing the individual with a severance package amounting to a 6-month salary. This provision was added to the Labor Code of Ukraine on 13 May 2014. The trial court rejected General Director's claim in full, the appellate court upheld the decision on the case without any changes. This decision created a precedent in the application of Section 5, Part 1, article 41 of the Labor Code of Ukraine.

Oksana Voynarovska, head of labor and employment practice, acted as lead engagement partner on the case assisted by senior associate Tetyana Ivanovych and associate Valeriya Savchuk.