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Beit Midrash
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- P'ninat Mishpat
Ruling: Beit din ruled that pl shall receive pay during the months she recruited, based on the following counters to def’s claims of exemption:
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
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2. A principal is generally involved at least in setting standards for acceptance and supervising the recruiting, but not always does she do the day-to-day recruiting. This is confirmed by the facts that pl intended to continue as principal but not recruiter and that pl had looked for a recruiter and did not hire someone only because he demanded a high salary.
3. The rule is that one does not do work for free (Rama, Choshen Mishpat 264:4). The claim of mechila (waiving a right) against an established obligation is weak and does not get off the ground without significant proof (Shut Radbaz I:364). Also, here, pl spoke of her displeasure with not getting paid for recruitment, as def admitted at one point. Although pl continued to work even though she was not getting the pay for it month after month, sometimes a person sees that she is unable to, at that point, receive pay, and continues to work under protest because of a perceived lack of choice without being mochelet.
Two factors help determine how much pl should be paid for this work: 1. Part of the work was done during hours she served as principal. 2. When an amount is not agreed upon, the worker gets according to the lower scale. 3. There was an agreement on recruitment the previous year, and it was not altered. Beit din understands that pl did recruiting during her year as principal for seven months, and during that time she should get 1,750 NIS a month, as in the previous year.
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