Noam: Nonsense, you tell crude lies and you smile in the process, you have no shame" (Appendix 13 to Noam's affidavit, paras. 3-4, p. 11 of the transcript).
- In any event, even if we had accepted the defendants' argument for the lack of cooperation on behalf of the plaintiffs, and this is not what we determine, the defendant cannot discharge his obligation, since it is a basic concept that the obligation to contribute to the pension is an absolute duty and is not contingent on the consent or preferences of the employee. Thus, the defendant, in the alleged situation of lack of cooperation, would have been expected to pay the plaintiffs the funds directly, as she did at the end of the day and transferred the funds, on October 14, 2020, directly to Dvir's account.
- As to the claim regarding the withholding of the plaintiffs' wages – the T&B'im's version that in 2019, delays in the payment of their wages began, as evidenced by the plaintiffs' testimony and evidence ( paragraph 33 of Noam's affidavit, paragraph 10 of Dvir's affidavit). Dvir's version that the farm used to pay the wages in all kinds of ways; by bank transfer or check or cash was not concealed, as the defendants did not present a version in this regard. Similarly, the plaintiffs' version regarding the delay in the payment of wages for the months 01-04/2019, 30 was refuted (paragraph 36 of Dvir's affidavit, paragraph 33 of Noam's affidavit). A perusal of Appendix F to Dvir's affidavit shows a significant decrease in the plaintiffs' salary, as follows: On April 19, 2019, the defendant transferred the sum of NIS 12,000 to Noam's bank account for the months 1,2019, while the salary for the month of 03/2019 was transferred to the plaintiffs' bank accounts only on May 23, 2019. Even near the end of their employment, the defendant continued to complain about the plaintiffs' wages, and this is evident from Dvir's letter to the defendant on September 27, 2019, in which Dvir wrote to the defendant, "Thank you for the transfer, this is not an advance, it is a supplement to previous months. Waiting for the rest, and thank you again" (Appendix G to Dvir's affidavit). It is not for nothing that the defendant did not know how to give a satisfactory answer when confronted with these correspondences and merely said, "I understand" (the defendant's testimony, paras. 8 ff., p. 35 of the protégé).
- The second condition – a causal connection between the resignation and the circumstances described above (non-payment of cogent rights, including non-deposit for pension and withholding of wages): We were under the impression that the plaintiffs resigned from their jobs after they became aware that the defendant was not paying them the rights to which they are entitled in accordance with the law, including non-deposit for pension; this is in addition to withholding their wages as of 2019. The plaintiffs' version was coherent, consistent, and did not undermine throughout the proceeding.
- This is how Dvir stated in paragraph 15 of his affidavit: "Not only did the defendants take money from me for the purpose of falsely promising profits and increasing my salary, but they also deprived me of the full components of the salary to which I am entitled, and therefore I terminated the employment relationship with the defendants in circumstances that entitle me to full severance pay..." In his testimony before us, he said:
"Because we both worked on the farm alone, yes, we worked there and we looked and saw that we weren't being paid what we deserved and the coupons are fictitious coupons and it's a matter of years, and also some of what had already gone to the insurance companies Lior somehow took them back to him and she told me that she was the one who was from the insurance agency at all, she was shocked by this story in general and we were both in this situation that we gave our all there and when we found out that we weren't getting this thing, It was... This is not normal. Even a person with children should not be paid insurance and pension if, God forbid... It's work, it's work in the field, it's work with... Among the dangers that there is how, how, how do you not insure me? It's like it's an alphabet."