The regional court rejected Zubas's calculations in light of the fact that it was proven that he was not employed during the entire period of his employment during Sundays (weekly rest), as well as the fact that each season holds 10 months and not 12 months, as can be seen from his calculations. Therefore, the Regional Court ruled that Zubas is entitled to compensation for 3 days of rest per month of work, except for the months of March and April 2020 (due to the outbreak of the COVID-19 pandemic), with the rate of remuneration being 50% of his daily wage.
In light of all this, Bnei Yehuda was obligated to pay Zubas a weekly rest allowance in the amount of NIS 96,969.
- Convalescence pay – As stated, Bnei Yehuda's claim that Zubas's salary included the payment of convalescence pay was rejected. Therefore, she was obligated to pay him convalescence pay in the sum of NIS 9,072.
- Redemption of annual leave – It was determined that in accordance with the Annual Leave Law and the case law, the obligation to maintain a vacation register and attendance reports is placed on the shoulders of the employer, and in our case, Bnei Yehuda did not meet this obligation and did not prove the use of vacation. Therefore, Zubas is entitled to annual vacation redemption payment.
In this context, Bnei Yehuda's claim that Zubas used his vacation days during the period between seasons was rejected, since during this period he was not entitled to pay wages. The claim that Zubas used his vacation days during his stay abroad for international matches of the Lithuanian national team in which he played was also rejected. In relation to these days, it was determined that many of the games were held during the break and that his claim in his cross-examination that Bnei Yehuda received a sum from FIFA as compensation for his absence was not contradicted.
In light of all of the above, it was determined that Zubas is entitled to 16 days of vacation for each season, for a total of NIS 129,728.
- Holiday Pay - [The parties and the Regional Court used the term "holiday pay" to describe the payment of wages for work on a holiday - A.A.] The Regional Court ruled that since Zubas worked during the Catholic Christian holidays, he was entitled to receive "holiday pay" for that work. The court ruled that since Zubas was a salaried employee, his regular salary was not affected while playing on the holiday, and therefore he is entitled to remuneration only at the rate of 50% of his daily salary, for a total of NIS 25,453.
- Defects in pay slips - It was held that although Zubas's claim that his pay slips did not faithfully reflect the components of the salary paid to him was not proven, the pay slips still reflected random time records and other incorrect factual data. Therefore, he was awarded compensation in the amount of NIS 2,000.
- Lack of a detailed employment agreement - Zubas's claim that his employment agreement lacked sufficient detail was rejected.
- Expenses - Despite the sums awarded in favor of Zubas, the Regional Court ruled that each party would bear its own expenses, inter alia, in light of Zubas's procedural conduct, in which his affidavit in a proceeding was not lawfully verified (verified outside the country) and without informing the court of this without any satisfactory explanation.
The Arguments of the Parties in the Bnei Yehuda Appeal