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Ruling: Beit din rejects def’s claim that pl deserves less than she was promised because of insufficient work, largely due to his own contradictions. This claim was a relatively late one; previously, def had said that if not for pl’s husband, pl and def would have continued working harmoniously. He also attributed the equal reduction in the two’s salary to insufficient finances.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
739 - Compensation for Transfer of Business to One Partner – part IV
740 - Compensation for Transfer of Business to One Partner – part VI
741 - Compensation for Transfer of Business to One Partner – part VII
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According to dayan 1, once pl started complaining about her salary and asked for a raise as the clientele grew, it is logical that she deserved full pay envisioned. Although pl did not work as a therapist as many hours as envisioned, her many responsibilities could have compensated and justified full pay. Therefore, based on compromise, pl should be compensated with 10,000 NIS. Dayan 2 posited that mechila applied the whole time, since she continued working, fully aware of her pay. Dayan 2 agreed to award her 10,000 NIS due to the possibility that she received under the minimum wage, which by law is a right one cannot waive.
All the dayanim agreed that def should not get back pay for the time he received no salary. If mechila can apply to lower salary, it can apply to no salary. As owner of the entire business (including the other branch) into which the income was flowing, if he wanted to make this additional income payable later, he should have stated so, and to the contrary, he made a point of telling pl that he was not getting paid
Beit Din Eretz Hemda - Gazit
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(Based on ruling 82024 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
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based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
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based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
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