Settlement agreement in a social service institution

The Territorial Center for Social Services of the Dykanka Settlement Council provides social support to people facing difficult life circumstances, including internally displaced persons. Currently, the facility houses more than 20 elderly residents.

One of the center’s employees received a reprimand due to behavior that was considered inconsistent with the ethical standards expected in the social care sector. The employee disagreed with this decision, believing the disciplinary order to be unlawful and a violation of his rights, and therefore filed a claim in court. The head of the territorial center required legal support.

She turned to Dmytro, a lawyer from the NGO “Institute of Analytics and Advocacy.” He reviewed the materials of the civil case and prepared a response to the claim. In doing so, he considered the provisions of the Labour Code of Ukraine, relevant sectoral legislation, the internal regulations of the employer, and the case law of the Supreme Court of Ukraine and the European Court of Human Rights. The primary focus was placed on the importance of upholding human rights, especially in residential care institutions that serve vulnerable populations.

Since the employee and the employer remained in an employment relationship and the reprimand did not involve dismissal, the lawyer proposed resolving the conflict through mediation. This approach would help preserve a positive working environment and ensure that the rights of all parties were respected. Both sides agreed to mediation.

The court approved the settlement agreement, which helped avoid further conflict and supported the restoration of constructive relations within the team. As a result, the situation was resolved in a way that benefitted all involved.

Free legal aid in Poltava region is provided by the NGO “Institute for Analytics and Advocacy” in cooperation with the Danish Refugee Council (DRC) and with financial support from the European Union.