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Latest Updates /  Labor law litigation

December 1, 2024

Precedent: Sales Commissions Factor into Overtime Pay in Israel

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.

March 21, 2024

Fatphobia: Workplace Discrimination Lawsuits in Israel

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.

December 18, 2023

Freedom of Expression in Workplaces during the Israel-Hamas War

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. 

March 20, 2023

Lawful Employment Termination in a Changing Labor Market

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.

March 16, 2023

Substantial Damages to an Employee for Unlawful Termination and Defamation

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.

December 29, 2022

New Precedent in Israel – Abuse of a Position of Influence and Sexual Harassment in the Workplace

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.

December 18, 2022

Exceptional Workplace Bullying Compensation Awarded to an Employee in Israel

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

December 4, 2022

New Ruling on How to Conduct Sexual Harassment Investigations

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.

October 27, 2022

Interesting Ruling Regarding Workplace WhatsApp Group Chats and Wrongful Termination

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

August 14, 2022

Israeli National Labor Court Rules Investors Are Not Employers

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.

June 15, 2022

Whistleblower Protection in the Workplace

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

November 11, 2019

Israel's National Labor Court Protects Right to Organize

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.

October 28, 2019

The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

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.

October 28, 2019

Sick Leave After A Hearing Procedure

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.

July 24, 2019

Labor Court Ruling on Gender Pay Discrimination

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.

November 8, 2016

Barnea & Co. Represented Hadad Brothers

Our firm represented Hadad Brothers, Worldwide Judaica Artists, in a claim by a service provider with an independent business, that after 17 years of engagement argued for a recognition of an employee-employer relationship and filed a claim for various social benefits in the sum of 1.5 Million NIS.  After 2.5 years of legal proceedings, the court this week denied the claim in full.