See: Labor Appeal (National) 18424-02-12 New Line Cosmetics in a Tax Appeal - Sharon Mor Alima (Nevo 29.11.2015).
- To be precise: from the testimonies of the parties as well as from the attached videos, it appears that the defendant did indeed make some suggestion to the plaintiff during the first conversation of February 19, 2024, that if not, why did he ask her, "What did you decide?" when they met the next day?
However, even assuming that the defendant did indeed make any offer to the plaintiff at that time, there is no dispute that that conversation was defined by the defendant as a hearing, while the plaintiff knew about it. Nor is there any dispute that the defendant delivered the plaintiff a letter of dismissal on the same day, stating that she would continue to come to work during the notice period. Hence, the date on which the plaintiff was supposed to share her pregnancy with the defendant is February 19, 2024, the date on which she was fired.
- However, it was the plaintiff who chose to conceal her pregnancy from the defendant on that occasion, and only the next day, in bad faith, did she share it with the defendant, without bringing any reference to her words. In these circumstances, it is not surprising that the defendant did not believe the plaintiff that she was indeed pregnant.
- The plaintiff's husband summed it up, saying:
"He told her in the conversation I'm going to fire you and you're going to work in black, and then I told her the day after tell him you can't, that's the whole story."
- Thus, only after she realized that she had been fired, did the plaintiff choose to bring up the fact that she was pregnant. This conduct should not be accepted.
- Hence, there is no reason to determine that the plaintiff's dismissal is contrary to the Women's Employment Law.
- Therefore, the claim for compensation for unlawful dismissal is dismissed.
C.4. Loss of severance pay, loss of convalescence pay, compensation for loss of vacation days and loss of pension contributions:
- Since we have determined above that the plaintiff's dismissal is not contrary to the law with regard to her pregnancy, the accompanying elements of the claim are liable to be rejected.
- This is with the exception of the debts that the defendant admits in his statement of defense in respect of the difference in convalescence pay (paragraph 60 of the statement of defense) and the difference in pension deposits (paragraph 64 of the statement of defense).
- Therefore, the defendant will pay the plaintiff the sum of ILS 1,701 for convalescence pay differences and ILS 2,603 for pension deposit
C.5. Non-pecuniary compensation for mental anguish
- For the reasons detailed above, the claim for non-pecuniary compensation for mental anguish is also dismissed, especially since according to case law, compensation for mental anguish is awarded only in exceptional and rare cases, of which the case at hand is not one of them.
- Therefore, the claim for non-pecuniary compensation is dismissed.
- Conclusion
- The defendant will pay the plaintiff the sum of ILS 9,304, in accordance with the following components:
- the sum of ILS 1,701 for convalescence pay differences;
- a sum of ILS 2,603 in respect of differences in pension deposits;
- The sum of ILS 5,000 for compensation for defects in the hearing process.
- The aforementioned sums will be paid within 30 days and will bear shekel interest in accordance with the provisions of the Interest and Linkage Rulings Law, 5721-1961 , from September 20, 2023 onwards (half of the work period) until the actual date of payment.
- Taking into account that the claim was filed in the sum of ILS 197,451 and ended as detailed in section 92 above, and in light of the plaintiff's aforesaid conduct, the plaintiff will pay the defendant legal expenses in the sum of ILS 5,000. This amount will also be paid within 30 days and will bear shekel interest in accordance with the law from the date of the judgment until the date of actual payment.
- This judgment can be appealed to the National Labor Court in Jerusalem.
It was given today, February 10, 2026, in the absence of the parties and will be sent to them.