Caselaw

Labor Dispute (Nazareth) 27940-03-20 Dvir Cohen – Amud Farm Ltd. - part 17

December 24, 2025
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A:       There is a mistake.

The Honorable Judge:             Is it all a mistake?

Q:       Who made the mistake, according to you? The bookkeeper?

A:       I paid for it.  Probably, yes, the accountant.

Q:       Who

A:       I paid for it.

The Honorable Judge:             We don't know

A:       So there's money.

The Honorable Judge:             You have to tell us what you paid, you say, the affidavit.  So we're telling you, let's say, in Dvir's slip, the last slip, there's almost 20,000 shekels in recovery.  We ask you, did you pay for it?

A:       I, listen, I paid him, I wrote everything down in the affidavit, I don't remember exactly.

The Honorable Judge:             I understood.

A:       For details, I don't

The Honorable Judge:             Okay.  Okay, everything is fine.

Q:       Lior,

A:       I received, according to the advice I received,

The Honorable Judge:             Okay.

A:       According to all the material, this is what they wrote

The Honorable Judge:             There are more questions, Attorney

A:       And I worked according to the legal advice." (S. 26-29, p. 42, S. 3-39, p. 43, S. 1-20, p. 44 of Fr. 19/09/2024).

  1. For the avoidance of doubt, we also reject the defendants' claim to deduct the amount to which Noam is entitled for convalescence pay on account of alleged absence in the months of 01-05/2019, since we have already decided above on this dispute and determined that Noam was absent for only 6 weeks, with the coordination and consent of the defendant.  Moreover, in the same vein, we reject the defendants' claim regarding the payment of NIS 1,629.81 for the rental of a car at the expense of Dvir's convalescence pay, since apart from an invoice in the name of the farm there is no proof that it was a car rental by Dvir.  More than necessary, even if it was determined that the car was indeed rented by Dvir, the invoice is not sufficient to show that the farm actually bore this payment or that it was agreed that this payment would be credited on account of the convalescence pay to which Dvir was entitled, and not any other calculation between the parties, which was not proven at all.
  2. Dvir - An examination of Dvir's calculation (Appendix 11 to his affidavit) shows that there was an error in calculating the number of convalescence days to  which he  is entitled.  In accordance with Section 37 of the Administrative Extension Order, Dvir is entitled to 85 days of convalescence, in the sum  of NIS 28,596, and not to 99.3 days as claimed in his calculations.  We will detail below.

 

Period Year of Employment Eligibility according to an extension order (days) Convalescence Pay Rate (NIS) The amount to which he is entitled (NIS)
11/2013 2 13 374 4,862
11/2014-11/2016 3-5 41 (13 days in years 2-4, 15 days in the 5th year) 378 15,498
11/2017-09/2019

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