Kibrum: Look. 7,224,
Mordechai: Wait a minute. How much - how much was the calculation per hour?
Kibrum: Normal hour.
Mordechai: How much it was, remind me.
Kibrum: 208.
Mordechai: No, how much was it there for an hour?
Kibrom: What did you forget?
Mordechai: You see, every day I have a mess.
Kibrum: Okay.
Mordechai: It's like it's written with me, remind me.
Kibrum: You - don't you remember now?
Mordechai: Now I don't remember, I have to.
Kibrom: We closed 37. a few
[Background Speech - Unrelated to Transcription]
[Transcript continued at 3:40 p.m.]
Kibrum: How much do I deserve? Check it out.
Mordechai: How much money did you get?
Kibrum: Now? 7,224, and I deserve it,
Mordechai: [Turning to Almog] You closed on 37 for him?
Almog: Registered - write it down for me, I think it is.
Mordechai: Okay.
Kibrom: Look how much I deserve, I'm missing four hundred,
Mordechai: How much less - how much money did you get?
Kibrum: I deserve 7,224. How much is Yale missing? I'm missing 472. Check it out.
[Silence]
Mordechai: Okay, you deserve 350.
Kibrum: four hundred,
Mordechai: Show me, show me, show me, wait. Let us see.
Kibrum: That's a salary of 7,724. Let's check.
[Background Talk]
Kibrum: That's what I deserve a salary.
Mordechai: Okay, there's your health insurance.
Kibrom: How much is health insurance?
Mordechai: We pay around 250 shekels a month, 300 shekels a month.
Almog: It's written on the slip.
Mordechai: Yes.
Kibrum: It's written on the slip, how much is it-
Mordechai: That's right.
Kibrom: Takes me down about 100 ILS per -...
Mordechai: Yes, something like that, 100-125.
Kibrum: Okay.
[Talking Together]
Mordechai: Take now, take 350 shekels now, okay? I'll check, how much is going down, if I have to bring you another 25 shekels, I'll bring it to you. Okay? But don't make this mess for us anymore.
Kibrum: I don't make a mess, if you make a mess of me - I'll tell you,
Mordechai: No - we're not making a mess of you, right?
Kibrum: What doesn't you do not make a mess?
Mordechai: Yesterday you called and said, 'I didn't come because you're going to bring me a salary,' that's fine. But tonight your salary comes in. You can't not come" (emphasis added)
- Thus, from the transcript of the conversation, we learn that there was an agreement that the plaintiff would receive ILS 37 per hour, and that in addition to the bank transfer, the plaintiff was paid additional sums in cash for his work hours (in that conversation, it was noted, as stated, that the plaintiff received ILS 7,224 in his account, but for 208 hours he was entitled to ILS 7,696 according to an hourly wage of ILS 37, i.e., a difference of ILS 472, and after deducting health insurance, the plaintiff received an additional ILS 350).
- However, the plaintiff did not provide in his affidavit a version that on the dates his salary was ILS 35 per hour and in which months his salary was ILS 37 per hour. In court, the plaintiff testified for the first time, in response to the defendant's counsel's question, that his salary was ILS 37 per hour only during the last three months of his employment (his testimony on p. 4, para. 11 of 20 November 2022). He then stated that "he gave me two or three months according to 37" (his testimony at p. 5, paras. 33-34 of the plaintiffs' of November 20, 2022, and para. 24E of the plaintiffs' summaries). Notwithstanding what was stated in the statement of claim, all the calculations of the claimed rights (including overtime pay, holiday pay, deposits to the study fund and benefits) were made according to an hourly value of ILS 37 per hour. In other words, the calculations that were made do not support the plaintiff's claim that his starting salary was ILS 35 per hour and that he changed only in the last two or three months of his employment.
- Moreover, the plaintiff's version of the dates on which he was paid in cash was inconsistent. At first, he testified that this payment was made in cases where there was a mistake in the number of hours for which he was paid - as he put it, "when there was a shortage", but when he was asked how many times there was a lack of payment - he changed his version and claimed that he always had to make up for it in cash:
"Q. Did you always receive the money by transferring money to your bank account?
- Yes.
- And every month you also received cash?
- The money that was missing, they would give us in cash.
- Did you receive cash every month?
- When he was missing.
- How many times was he missing?
- All the time."
(p. 4 of the transcript of November 20, 2022, paras. 12-19, emphasis added).