Clients updates / Labor Law Litigation

In a precedent-setting ruling handed down recently, the National Labor Court ruled that sales commissions must be included in wages for the purpose of calculating sick pay, vacation pay, pension contributions and overtime pay.

The Israeli National Labor Court reversed the Regional Labor Court’s ruling and ruled that the demotion of a football referee to a lower league derived from irrelevant considerations of weight and appearance.

An Israeli regional labor court overturned the dismissal of an employee who made statements against IDF soldiers, citing defects in the hearing held for the employee. 

Employers must be diligent about complying with Israeli labor law and case law when dismissing employees, even during layoffs and reorganization processes, including employees’ statutory rights to a dismissal hearing with their lawyer present.

A regional labor court found an employer’s conduct did not comply with the law’s provisions on proper termination, and also harmed a longtime employee’s good name.

In the case in question, there was no abuse of authority in the work relationship between the defendant and the complainant, since the complainant was not subordinate to the defendant. However, the defendant abused his position of influence over the complainant, obligating the employer to conduct investigation  in accordance with a different set of standards.

The Israeli National Labor Court awarded ILS 300,000 to the employee after a regional labor court awarded the employee only ILS 60,000.

The Israeli National Labor Court’s ruling indicates there is no fixed or standard format for the proper conduct of an investigation pursuant to the Prevention of Sexual Harassment Law. Rather, complaints should be clarified within their specific context and considering the unique issues that arise during the process.

Removing an employee from the workplace’s WhatsApp group chat before a hearing may expose employers to wrongful termination claims.

The Israeli National Labor Court ruled a former CEO suing the company that employed him could not adjoin other shareholders to his lawsuit, since the investors were not involved in the company’s routine management.

An amendment to the Protection of Employees extends the statute of limitations period for filing a claim from one year to three years.

In September, Israel’s National Labor Court dismissed an appeal by the Café Noir restaurant and affirmed the Tel Aviv Regional Labor Court’s judgment, which held that the restaurant must pay NIS 300,000 compensation for infringing on its employees’ right to organize.

The Tel Aviv Regional Labor Court recently ruled that an employee who took advantage of her sick leave as vacation days immediately after being summoned to a termination hearing warranted being denied severance pay and early notice payments.

In a recent ruling, the Labor Court found that a short-term unapproved absence from work may constitute a disciplinary violation, and therefore be cause for termination, but cannot be seen as resignation.

Regional Court ruled that a woman who earned less than a man in the same position is entitled to compensation from her employer for discrimination.