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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 (835)
Beit Din Eretz Hemda - Gazit
606 - Dispute on the Manner in which a Rental Ended
607 - Firing during Maternity Leave
608 - Interpreting an Arbitration Clause
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
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 Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 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
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
