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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 (832)
Beit Din Eretz Hemda - Gazit
593 - Questionable Firing and its Financial Implications – part I
594 - Questionable Firing and its Financial Implications – part II
595 - Questionable Firing and its Financial Implications – part III
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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 Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part II
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
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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