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Beit Midrash
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The plaintiff (=pl) is a teacher at the defendant (=def), a school belonging to a private school system. Pl’s contract includes the following provisions. "The last day to inform about layoffs is as accepted among education workers." "Based on the Shulchan Aruch’s ruling, our teachers do not receive tenured positions but may be rehired to one-year contracts; in some cases, they can be fired in the middle of the year." After the normal date of notification, def informed pl that he would be moved from his present position to a more difficult one. Pl claims that this is tantamount to firing, and that he thus deserves to be paid for the year. The possibility of firing a teacher in the middle of a school year contradicts the general teachers’ contract, and the law is that rights that emanate from general contracts supersede provisions of individual contracts. Def responds that the general contract applies to teachers in the various formats of public schools, whereas def is a private school system, which is entitled to make its own rules of employment.
Ruling: The Shulchan Aruch (CM 333:2) says that a worker who starts working for a fixed time period and is fired is paid for the entire period; if he is a teacher, he is paid in full despite his "vacation time" (ibid. 334:4). On the other hand, one may replace a teacher with a better teacher (Bava Batra 21a). The Aruch Hashulchan says that the gemara applies even within an employment period. The Minchat Yitzchak says that it is true only in situations where teachers were hired on a daily basis. A father could decide to hire someone new instead of "rehiring" the old teacher; it was not considered firing. In contrast, in our setting, removing them during a period is problematic. Furthermore, the Aruch Hashulchan would agree when a kinyan such as a contract was done.
We follow the personal contract despite the general law against firing because the law may create a standard procedure, but this can be overcome by an explicit personal agreement. Also, the Education Ministry accepts def’s claim that the general contract does not apply to private networks.
The Shulchan Aruch rules that one can terminate a teacher prematurely only when he is deficient. There is no grounds to say that pl is deficient. However, according to the majority ruling’s interpretation of the contract, the administration is authorized to fire based on its judgment of what is best for the students’ welfare, and it certainly may change the teacher’s task, even for the worse. This is apparent from the fact that the contact does not state an end to the employment period. Even if the clause can be understood in different ways, pl, whose rights would be a result of the contract, would have to prove that his reading is the correct one. Therefore, def may remove pl from his post and is required to compensate him at that point only according to the normal minhag of severance pay.
P'ninat Mishpat (829)
Various Rabbis
73 - An Incomplete Sale of an Apartment
74 - Firing During the Year
75 - Maintaining Certain Conditions Under a New Agreement
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
