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- P'ninat Mishpat
21
Ruling: In several rulings of the Eretz Hemdah-Gazit batei din network, we have explained why, as a rule, we accept the employment laws, as the law of the land, legislated to improve society. This includes the law that forbids firing a woman during and immediately after maternity leave.
No distinction is made regarding the motivation for the firing unless the employer is in a severe economic state, which can be grounds to obtain a waiver. Therefore, pl deserves 60 days’ salary. In general, when one’s employment was wrongfully terminated, Halacha reduces from the salary due to the benefit of free time the worker now has (Bava Metzia 31b). In this case, we award pl full salary because the law is not just to compensate but to deter non-compliance. While pl demanded to add a penalty, as the law prescribes, we do not feel it is appropriate when the rationale of the firing was not discriminatory (see rulings 73122 and 76005). Therefore, pl will receive 7,160 NIS for #1 and 2,145 for #2.
#3 – There is no formal legal or halachic requirement to give an employee the right of appeal. While there is such an accepted practice, in cases like this, where we would not expect that pl could have said something "to her defense" to change anything, this payment is not appropriate. #4 – Pl deserves severance pay as if she was allowed to finish her tenure. #5 – claim accepted. #6 – the necessary pension compensation was accepted and recalculated by beit din. #7 – claim accepted. #8 – claim accepted. #9 – failure to inform of rights – this is accepted partially. There is no reason to believe that knowing her legal rights would have changed the picture here. However, the law demands this norm to be implemented, and therefore a penalty of 1,000 NIS is appropriate.

P'ninat Mishpat (773)
Beit Din Eretz Hemda - Gazit
613 - Dispute on the Manner in which a Rental Ended
614 - Firing during Maternity Leave
615 - Interpreting an Arbitration Clause
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