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Fired in the ninth month: is moving to another school considered competition? - Walla! Of money

2023-01-09T08:07:16.454Z


A deputy principal at a private school in Nes Ziona was fired without a hearing while she was pregnant. A clear case of injustice? Not exactly, since she seemed to be pulling out of her own initiative. What was decided?


Is it possible to set a resignation? (Photo: ShutterStock)

Does the intention of a professional woman to retire and start a competing company allow the employer to withhold severance pay from her?



The case before us was discussed at the Regional Labor Court in Tel Aviv before Judge Sharon Shavit Kabbatori.

A deputy principal at a prestigious private school in Nes Ziona was fired without a hearing while she was nine months pregnant.

So far, it sounds like this is a great injustice, but another factor enters the discussion here.



The school claimed that the plaintiff, represented by attorney Michael Cohen, was a member of a team of retirees from the school that worked to establish a competing school, and hence she actually resigned. The plaintiff claimed that the defendant and her officials gave an incorrect interpretation to the fact that she attended the meetings of her former colleagues.

"It was important to have time for the hearing and to clarify things" (Photo: ShutterStock)

Attorney Michael Cohen (Photo: Michael Topiol)

In a reasoned ruling, Judge Shavit Kottori stated that an employer cannot determine on his own that an employee has resigned, and explicit behavior on the part of the parties is necessary.



Another important determination of the court is that precisely in the case of lack of clarity as in the present case, the time for the hearing and to clarify things was important, especially when the employer knows about the fact that the employee is pregnant.

She dwelled on the interpretation of "behavior that should be seen as resignation", while noting that "in practice, in any case, the plaintiff did not transfer to teach at the new school".



The labor court rejected the defendant's claim that the employee resigned, determined that she was unlawfully dismissed, in violation of the Women's Labor Law, and awarded the claimant NIS 103,909 plus interest and compounding from the date of filing the claim amounting to more than ten thousand NIS, and another NIS 15,000 for fees.

In total, she was awarded compensation of nearly NIS 130,000, bearing in mind that she worked at the school for two years.



The attorney for the plaintiff stated: "The Regional Labor Court determined emphatically that an employer cannot do justice to himself and unilaterally determine that an employee has resigned from her job, especially when it comes to the disputed circumstances and the employee is in the ninth month of her pregnancy."

  • Of money

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  • Dismissal

  • Compensation

Source: walla

All business articles on 2023-01-09

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