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Ruling: The main guideline regarding the rules of employment is that everything follows the local custom (Bava Metzia 83a). According to local regulations, one who did not receive an official, permanent position is considered hired on a trial basis and can be fired even without cause.
Even if pl had a permanent job, the gemara says that Torah studies teachers of children can be removed for improper teaching even without warning (Bava Batra 21b), a halacha that applies to workers who cause irreparable damage to their employers. Regarding a teacher, Rashi says that the issue is that the children will learn mistaken information, and, according to Tosafot, that one cannot make up the time that was wasted from Torah study. There is one proviso: while the teacher does not need to be warned, he must have been guilty of faulty practices on a repeated basis (Rama, Choshen Mishpat 306:8). In this case, both the story of not showing up and that of giving out cookies happened only once. Therefore, neither creates a trend that is grounds for dismissal.
There do seem to be repeated clashes between pl and def regarding educational philosophy, as applied in the school. While no one educational approach has a monopoly on effectiveness, it is a major problem when teachers are not willing to accept the approach that a school’s administration sets for it. As the Minchat Yitzchak (IV, 75; see also Piskei Din Rabbaniim, VIII) says, when a teacher does not respect the administration’s authority, there is a real concern for a certain level of anarchy, which can be damaging. The exception to the rule is when the administration’s approach is clearly inappropriate. In our case, the issue has been raised to pl several times, and he has not addressed it reasonably.
In summary, whether based on the local practice regarding teachers without tenure or based on halachic rules, def is allowed to not rehire pl. (Next week, we will discuss whether pl deserves to be monetarily compensated for the way he was fired.)
P'ninat Mishpat (832)
Various Rabbis
209 - Educational Violence?
210 - The Firing of a Teacher
211 - The Firing of a Teacher
Load More
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
