Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Ruling: [Last time we saw that pl has grounds for severance pay.]
Validity of the firing – the employment contract states that pl can be fired for ineffective work. In the first period of his employment, pl provided exactly what had been hoped for – major expansion of the scope of the midrasha’s operation. Are there now shortcomings that justify firing? We will deal with claims one by one.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
576 - Questionable Firing and its Financial Implications – part I
577 - Questionable Firing and its Financial Implications – part II
578 - Questionable Firing and its Financial Implications – part III
Load More
2) Pl’s demand for a change of mode of salary as a condition for work – Pl had good reason to want to change his basis of salary due to the change involving the Education Ministry. If pl had quit on these grounds, it would have been considered the equivalent of being fired. However, he did not have a right to demand the change and continue working.
3) Lack of availability – Pl began attending university during the period of his employment, and this made him insufficiently available. According to def’s secretary’s testimony, that caused problems, including that pl would call her at home, to which she objected. Even pl’s witness agreed that during major parts of the day, pl was unavailable.
4) Pl interfered with the attempt to be recognized by the Education Ministry – this was not sufficiently proven. We note that they received recognition even though it made things harder for pl.
Conclusion: Tension and difficulty in joint work arose, largely due to the change that occurred. Even if pl were not to blame for the deterioration, def still has the right to move on. Pl’s claim that he was fired to deprive him of his share in upcoming large revenues, while possibly a factor, was not proven.
We will continue next time with other elements of the dispute.
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
