El Al, the captain and the dictatorship: is this a field trial? - Walla! Of money

The captain shared with the passengers: "Holocaust can happen in dictatorships, and that we are fighting for Israel to remain a democratic state" and was summoned to a hearing (Photo: ShutterStock)

On Holocaust Remembrance Day, the headlines in the media screamed not only the stories of the dead and the survivors, but also the story of one - Doron Ginzburg, captain of El Al.

According to media reports, Doron Ginzburg told passengers during an El Al flight to New York that a Holocaust can happen in dictatorships, and that we are fighting so that Israel remains a democratic country.

Later during the same flight, he apologized to the passengers who were offended by his words.

According to those reports, while the plane was in the air, a summons for a hearing had already been sent to the pilot, who was waiting for him when he landed in New York, due to the company's intention to fire him.

It was also published that the Minister of Transportation was furious with El Al and reminded it that it is the "national" airline, and it is expected to behave accordingly.

This is not the first time that, in response to public pressure and noisy headlines, in order to lower the flames, an employer announces that it intends to fire the unruly employee.

It is assumed that this is how the media consultants instructed him to handle the crisis - distance yourself from the employee who caused the public uproar, make it clear that he does not reflect your values, and thus the customers will continue to buy (or fly) and the business will not be harmed.

A captain (illustration) announced, apologized and was summoned to a hearing.

Are you in a hurry to seal his fate? (Photo: ShutterStock)

Even a thief has rights

We all remember the case of Adam Verta - the teacher from "Ort" who discussed with his students the issues on the public agenda, and it is claimed that he voiced his positions as an "extreme leftist" in their ears.

He was summoned to a hearing in the blink of an eye, and in the end he was not fired.

Shortly afterwards he was fired, with the official reason being cutbacks and the lack of a teaching certificate.

Workers in Israel have rights regarding the termination of their employment: the reason for the dismissal must be factual;

There are reasons (including age, sexual orientation, parentage and political view) for which it is forbidden to fire employees;

Restrictions on layoffs also apply in relation to the timing of layoffs, such as when an employee is sick, during pregnancy, during and after childbirth and parenting ("maternity leave"), during fertility treatments, and during and after reserve service.

Before a decision on his dismissal is made, the employee has the right to voice his claims, as part of a hearing procedure, which has rules regarding the manner of his management (obligation to give notice in advance, detail the reasons, give an opportunity to prepare, conduct a protocol, and consider "with an open heart and an open mind").

Employees in workplaces where there is "permanence" have additional rights in connection with the termination of their employment, such as the need to obtain the consent of the workers' council, special retirement conditions, and the like.

Dismissals, according to the ruling of the labor courts, are the last step, after other solutions have been considered.

Even an employee who stole from his employer or behaved violently in the workplace has rights, and cannot be fired without considering his claims and following the required procedure.

All these are not new rules, and they seem self-evident to us when it comes to each of us as employees, our family members, our co-workers.

But when a pompous headline comes out about things said or done by an employee we don't know, we rush to condemn his fate, and say that it is "unthinkable" that he continues to be employed at the same company or institution, and that he should be fired immediately.

The Corona crisis has also caused tensions between the public atmosphere and the rights of workers.

Workers were casually placed on sick leave and without their consent being sought, unvaccinated workers were prevented from entering workplaces, etc. The labor courts are still discussing the claims of such workers to this day.

In the middle of the media storm, these cases are examined according to the usual rules of labor law, which apply to every worker in Israel.

So it turns out, more than once, that things are not as simple as presented in the media and in the employer's response to the press.

Admittedly, the chances of an employee who is fired in a quick procedure designed to calm public drama, to get his job back - are low.

But the chances are not small that he will receive financial compensation for the violation of his rights, if there were any.

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Is expressing an opinion a disciplinary offense?

Let's go back to Doron Ginzburg.

As an employee of El Al for many years, it was surely appropriate that his managers talked to him and heard his side, before official letters were sent to him, the existence of which is common in the media.

If at the end of the day a disciplinary procedure takes place, El Al will have to examine Ginzburg's statements to the letter.

To which disciplinary offense exactly in the company's disciplinary regulations can his words be attributed?

How can an expression of support for maintaining democracy in our country (beyond right and left borders) be turned into a disciplinary offense?

What weight should be given to the fact that he apologized to the injured passengers, even before the plane landed?

And after all these, it will be necessary to also consider the employee as an individual - his position in the El Al company, his seniority and his occupational and disciplinary history.

All of these are essential and relevant to the company's decision in this matter.

There is no doubt in our eyes that the answer to these questions is not determined by the size of the headline in the media nor by the intensity of the Minister of Transportation's anger.

Doron Ginsburg is not alone.

This time it's him and the next time it's you or someone close to you.

When an employer discusses an employee's case, and in particular when he is considering firing and cutting off his livelihood, he must adhere to the legal obligations applicable to him, and ignore background noise.

• Of money

Tags

• Al Al

• Labor and Employment Law

• hearing