Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (803)
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
P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tevet 5786
P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tishrei 5786
P'ninat Mishpat: Amounts and Conditions of Payment to an Architect – part IV
based on appeal of ruling 83061 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Sivan 5785
P'ninat Mishpat: Upper Property’s Responsibility for Flooding
based on ruling 82008 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Adar 5784
Beit Din Eretz Hemda - Gazit
Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
19 Sivan 5784
Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
19 Sivan 5784
Trying to Arrange Purchase of Land in Eretz Yisrael
#222 Date and Place: 2 Elul 5669 (1909), Rechovot
18 Sivan 5784
