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Ruling: [We have seen that def was allowed to fire pl but that pl deserves severance pay because he had the right to quit because of a worsening of conditions.]
In this case, we see it fitting to grant pl higher severance pay (three instead of two months of salary) than the standard required by law. This is due to the circumstances around pl’s firing in the midst of the contract period and our understanding that the deterioration in the relationship was to a large degree because of def. Additionally, the fact that pl was soon to be awarded larger profits due to the upcoming season is a factor, although not to the degree pl claims because he was spared a difficult period of work.
Def was not correct in withholding salary until the midrasha’s clients had paid, as pl was an employee, not a partner. We penalize 2,000 NIS for the frequent late pay, as consistent with the law. This is not forbidden interest because def has an obligation to appease pl for the violation of paying late and because it is unlike cases of forbidden ribbit in that the obligated did not agree to pay, but beit din is mandating it.
Def’s counter-claim for not reducing the salary due based on certain expenses is rejected out-of-hand. The fact that they consistently did not factor that in is either a sign that this is the way def understood the agreement to have been made or, if not, that def was mochel the money. If he was mochel, they cannot rescind the mechila to the dispute between the parties.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
595 - Questionable Firing and its Financial Implications – part II
596 - Questionable Firing and its Financial Implications – part III
597 - Adjoining Properties but Unclear Neighbors
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Beit Din Eretz Hemda - Gazit
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