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- P'ninat Mishpat
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 (835)
Beit Din Eretz Hemda - Gazit
577 - Questionable Firing and its Financial Implications – part II
578 - Questionable Firing and its Financial Implications – part III
579 - Adjoining Properties but Unclear Neighbors
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
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 P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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
