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Ruling: [We saw last time that there are grounds for obligating def to pay for the full job, with a partial reduction for what was not done.]
It is evident from the Rama (Choshen Mishpat 333:5) that when an employer fires a worker, we calculate payment to the worker in a manner beneficial to the worker only when the worker did not deserve to be fired. In this case, we do not have grounds to prevent pl from finishing the job. First, the employer has the burden of proof that the relatively high bar for the worker’s dismissal has been reached. Second, def’s complaints about pl’s work are not of a severe or an unusual nature.
The contract states that if pl does not get the job done within a certain time limit, pl is to be fined. The work took much longer than expected, but delays on def’s part were responsible. Pl argues that if def was to be compensated for delays, so should pl (he asks for 23,400 NIS). Def counters that such a penalty was not written on purpose and that pl was not hurt by the delays because contractors usually work on more than one job at a time and can transfer workers as needed. Pl was unable to demonstrate how he lost as a result. Additionally, if pl were going to charge for perceived losses due to the delay and they were not in writing, he should have warned about it.
Additional work: Pl claimed two areas of extra work not included in the contract. About one, def says that he does not understand what work he is talking about, and about the other, def claims that it became necessary because of a mistake that pl made. Pl did not prove his point, and certainly, since the contract states that additional charges have to be stipulated in writing (which did not happen), there are not grounds for levying additional payments from def other than for finishing the job.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
767 - Who Pays for an Unexpected Tax? – part II
768 - Not Completed and Imperfect Renovation Job – part II
769 - P'ninat Mishpat: A Flawed Used Car – part I
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
