As stated above, the plaintiff did not mention in his testimony when he was paid in cash and when he was not, and this is not for good reason. As can be seen from the table above, in most months he earned more than ILS 35 per hour, so there was no need to supplement cash at all.
- It should also be noted that the plaintiff did not state in the statement of claim or in his affidavit, nor in his testimony, as of when he earned ILS 35 per hour and from when he earned ILS 37 per hour (the calculations were made according to ILS 37 per hour). This means that the plaintiff gave a vague and undetailed version in his affidavit, which makes it difficult to deal with his claims (and also to make a calculation insofar as his factual version would have been accepted).
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- In addition, it should be noted that the plaintiff's version that he was regularly deducted from work hours on the pay slip and that he was supplemented with cash is inconsistent with his testimony that the recording of the total hours on the pay slips was correct, and that only in some cases would they have paid him a certain amount in cash.
- In support of his claim that the salary agreed with him was ILS 37 per hour and that he was paid the differences in cash, the plaintiff referred to two pieces of evidence - the first - his WhatsApp correspondence with the bookkeeper named Miri (hereinafter - Miri), and the second - the transcription of the conversation between Mordechai and the plaintiff Goitom (which we referred to above in the framework of Gaitom's lawsuit). Although this evidence indeed casts doubt on the defendant's version, we do not believe that it is sufficient to determine that the defendant did not lift the burden of persuasion placed on her shoulders. Let us explain.
- In the WhatsApp correspondence between the plaintiff and Miri, dated March 13, 2022, it was stated as follows:
" 181 X 37 = 6696 Hubble My Trick 6488
Hashreli209"
This correspondence relates to a slip for the month of February 22, according to which the plaintiff received a net payment of ILS 6,488 for 181.15 hours of work.