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Beit Midrash
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- P'ninat Mishpat
Case: The plaintiff (=pl) worked for the defendant (=def), an NPO, in 2012-2013, doing work on their website. In 2014, def asked pl to return in a different, expanded role to help def out of financial woes. Pl explained that he needed work stability and wrote a contract that required def to give him 60 days warning before terminating employment. Toward the beginning of pl’s tenure, def replaced their director. Since pl worked closely with him, pl met with the head of def (=hdef) to ask about his future. Hdef assured pl that he would not be fired. As time went on and pl felt excluded from decisions, he asked to meet with the new director (=ndir), but this took weeks to happen. Finally, on 29.12.14, during his 6th month of employment, ndir fired him and told him he might not get paid for that month. Pl is suing for salary for 60 days after the notification, as well as for 10,200 shekels for payment for travel over the whole period per the contract, and lawyer’s fee (to be discussed in part II). Def said that the contract is to be read that the need for 60 days notice is only after the six-month trial period.
Ruling: The relevant paragraph in the contract has three sections: A. The first employment interval is 6 months. B. If the sides agree to continue, the agreement automatically renews itself for 12 months. C. Each side will give prior notification of 60 days before ending the employment.
P'ninat Mishpat (829)
Various Rabbis
531 - Authority of the Beit Din to Hear Arguably Late Appeal
532 - Firing with Insufficient Warning? – part I
533 - Firing with Insufficient Warning? – part II
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The halachic sources on the matter are complicated. The Shulchan Aruch (Choshen Mishpat 61:15) says that we look carefully at the language, even if the litigants do not have great command of legal language. But he continues (ibid. 16) that some say to follow the intention rather than the written word. The Nachal Yitzchak reconciles that in order to add a provision not written, very strong indications are needed. If there is a provision, and it is unclear how broadly to apply it, we can use external indications to do so.
There are valid arguments (omitted in this presentation) whether there was a trial period and whether only afterward formal notification was needed. However, there is no question that pl demanded to be warned before being fired. Since pl asked about his status during the six months, it was def’s responsibility to give him the information he requested. Since hdef and ndir either purposely or unintentionally withheld the information and gave pl reason to believe he would continue, the requirement for 60-day notice certainly applies.
[We will continue next time with various ramifications.]
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part II
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
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.
