In December 2020 - the plaintiff worked 9 hours on some days and more than 42 hours per week and was therefore entitled to overtime pay according to a daily and weekly calculation.
- Therefore, although we are not convinced that the plaintiff's version regarding the format of his working hours is correct, he is entitled to the differences in respect of such hours that were not lawfully paid to him, according to the defendant's hours reports, as detailed in the following tables:
| Regular hours as per report | Overtime according to a report of 125% | Overtime according to a report worth 150% | Saturday hours in the report | Overtime according to a report worth 175% | Overtime according to a report worth 200% | |
| Sep-20 | 147 | 3 | 0 | 0 | 0 | 0 |
| Oct-20 | 184 | 8 | 8 | 0 | 0 | |
| Nov-20 | 184 | 8 | 16 | 0 | 0 | |
| Dec-20 | 198 | 23 | 12.5 | 0 | 0 | |
| Jan-21 | 176.5 | 33.5 | 11.5 | 8 | ||
| Feb-21 | 172 | 18.5 | 1.5 | 4 | 6.5 | 9 |
| March-21 | 170 | 0 | 0 | 10 | 6 | 0 |
| Apr-21 | 168 | 40 | 0 | 12 | 4 | 8 |
| May-21 | 168 | 40 | 0 | 20 | 4 | 8 |
| Jun-21 | 176 | 24 | 0 | 14 | 6 | 12 |
| Jul-21 | 176 | 25 | 0 | 14 | 6 | 12 |
| Aug-21 | 176 | 41 | 8 | 8 | 16 | |
| Sep-21 | 168 | 32 | 26 | 4 | ||
| Oct-21 | 176 | 32 | 8 | 8 | 16 | |
| Nov-21 | 168 | 36 | 8 | 14 | 6 | 12 |
| Antitrust for payment in ILS per report
(regular, additional, and Shabbat) |
Paid with a slip in ILS
(regular, additional, and Shabbat) |
Differences in NIS | |
| Sep-20 | 4389.84 | 4281 | -108.84 |
| Oct-20 | 5998.72 | 5955 | -43.72 |
| Nov-20 | 6348.16 | 6756 | 407.84 |
| Dec-20 | 7148.96 | 7390 | 241.04 |
| Jan-21 | 7269.08 | 7171 | -98.08 |
| Feb-21 | 6777.68 | 6152 | -625.68 |
| March-21 | 5692.96 | 6145 | 452.04 |
| Apr-21 | 7542 | 7294 | -248 |
| May-21 | 7891.52 | 7644 | -247.52 |
| Jun-21 | 7614.88 | 7294 | -320.88 |
| Jul-21 | 7651.28 | 7491 | -160.28 |
| Aug-21 | 8306.48 | 7586 | -720.48 |
| Sep-21 | 7367 | 7077 | -290 |
| Oct-21 | 7978.88 | 7644 | -334.88 |
| Nov-21 | 8168.16 | 5591 | -2577.16 |
| Antitrust | 106,145 | 101,471 | -4,674.6 |
- Business restrictions - the difference for payment for overtime work and weekly rest is ILS 4,674.
The circumstances of the termination of work and the defendant's claim for deduction of advance notice fees
- The plaintiff claims that he is required to serve community service as of December 2021 and that he will inform Mordechai of this. However, in February 2021, when the plaintiff finished his service work and asked to return to his job, Mordechai informed him that he did not need him. Therefore, his employment with the defendant ended in November 2021 (in paragraph 16 of the statement of claim and in paragraph 7 of the plaintiff's affidavit).
- On the other hand, the defendant claims that the plaintiff informed his manager close to November 2021 that he had to stop working in order to serve the community service that had been decreed on him. The plaintiff left and said that he would be in touch regarding further work. Around April 2022, the plaintiff asked to return to work - but asked to work only on weekends, since he claimed that he could not work during the week and combine this with another job he had started. The plaintiff did indeed start working in April 2022 on weekends, and it was agreed with him that for his good work he would receive compensation for work on Fridays, similar to the remuneration on Saturdays (150%). At the end of April 2022, the plaintiff announced that he was not doing well at the moment and that he would be updated regarding his continued employment. Until the claim was received, the plaintiff did not inform any of his managers about his continued employment, despite the requests of his managers to him and the expectation that he would return as a valued employee (as stated in paragraphs 8, 17-21, 25 of the statement of claim, as stated in paragraphs 14-18 and 23 of Mordechai's affidavit).
The plaintiff left without prior notice and therefore the defendant insists on deducting advance notice fees in the sum of ILS 3,272 (= 16 days * 8 hours * ILS 29.12 per hour), insofar as you owe any payment.