Circumstances of termination of employment
- The Regional Court ruled that upon the termination of the employment relationship between the parties at the end of the 2021/2022 season, Amos's judgment regarding severance pay is the same as that of dismissal, for the following reasons:
- Maccabi Netanya did not offer Amos a new employment contract three months before the end of the last contract for the 2021/2022 season, which is valid until May 31, 2022, as required by Section 9 of the Severance Pay Law. The parties negotiated to renew the contract only in May 2022.
- Even when Amos was offered a new employment contract in May 2022, it was on terms that were less than the terms on which he was previously employed.
- In June 2022, negotiations continued between the parties, in which Amos was offered to continue playing under conditions similar to those he had previously been employed, an offer he initially refused. However, it was determined that after he finally agreed to these conditions, Maccabi Netanya was the one who retracted it.
- Throughout the period, Amos was not given a written draft contract.
Remedies Awarded
- The following are the remedies awarded in favor of Amos:
- Pension Deposits – The claim for this component was dismissed both when his counsel retracted his claims in this matter and when it was proven that the pension deposits were made during the period of his employment with the group.
- Severance pay - severance pay in the amount of NIS 250,000 was awarded, deducting the sums that Maccabi Netanya deposited into the pension fund during the period of his employment. The severance pay was calculated according to a fixed salary of NIS 60,000 per month, and given that the period of his employment in each of the five years of his employment was 10 months. The court rejected Amos' claim for withholding severance pay on the grounds that there was an honest dispute between the parties about the very entitlement to payment.
- Compensation for Lack of Hearing – It was determined that this was a long-term engagement that was renewed from time to time in fixed-term contracts, and therefore the failure to renew the employment contract required a hearing. The court ordered Maccabi Netanya to pay Amos compensation in the amount of NIS 60,000.
- Convalescence pay – In accordance with the determination that Amos' salary did not include social benefits, including convalescence pay, the court awarded him convalescence pay in the amount of NIS 5,292. As mentioned, Maccabi Netanya did not appeal this charge and therefore was not required to do so.
- Redemption of annual leave - It was determined that Maccabi Netanya did not present a record of the vacation days that Amos used. It was also determined that although the season lasts 10 months, in practice training begins during the month of June before the start of the season, training in which Amos participated, and therefore this period should also be taken into account. Therefore, vacation redemption in the sum of NIS 111,046 was awarded.
- Weekly rest pay - Maccabi Netanya's argument that Amos is subject to the exception set out in section 30(a)(5) of the Hours of Work and Rest Law, 5711-1951 (hereinafter – the Hours of Work and Rest Law) was rejected. It was held that in light of the tests set out in the case law, his work should not be regarded as a position that has a "special degree of personal confidence" as defined in the said section. In light of the aforementioned decision, it was determined that Amos is entitled to weekly rest work remuneration for up to two hours of work on average (equal to a quarter of the daily wage). In light of this finding, and in accordance with the schedule of games presented by Maccabi Netanya and not hidden by Amos, it was ruled that the latter is entitled to compensation for weekly rest work in the sum of NIS 68,403.
- Offset refund made by Maccabi Netanya - It was determined that Maccabi Netanya deducted from Amos' salary for housing and a vehicle that were made available to him and were not returned to the team on time, in violation of the provisions of Section 25 of the Wage Protection Law. It was determined that this amount was in dispute between the parties, and therefore it could not be deducted unilaterally and without the explicit consent of Amos. Therefore, Amos was awarded the amount that was deducted as stated above. There is no appeal before us about this obligation as well.
- Expenses - Maccabi Netanya was obligated to pay Amos expenses and attorney's fees in the amount of
NIS 50,000.
- Additional arguments raised in the framework of the proceeding were rejected and no appeals were filed, and therefore we did not find it appropriate to elaborate on the court's rulings on these claims, such as with regard to Amos's claims for reimbursement of fuel expenses and a breach of the duty of good faith on the part of Maccabi Netanya, and with regard to Maccabi Netanya's claim to deduct Amos' salary for payment of a higher salary than stipulated in the contract due to a mistake.
The arguments of the parties in the Maccabi Netanya appeal