After reviewing the arguments, testimonies and evidence, we have reached the conclusion that it has not been proven that the plaintiff was fired or that he resigned. Let us elaborate.
- As the plaintiff noted, the circumstances of termination of employment are irrelevant, since in any case he is entitled to full deposits for compensation by virtue of the expansion order in the cleaning industry. However, in view of the defendant's claim that advance notice fees should be deducted from any amount owed (to the extent that it is owed), we will discuss this.
- There is no dispute that the plaintiff served community service. In accordance with the protocol presented by the plaintiff to Mordechai, he was required to report for the commencement of community service on November 15, 2021, for a period of two months, i.e., until the middle of January 2022 (Appendix N3 to Mordechai's affidavit and as stated in paragraph 138 of the defendant's summaries).
- The plaintiff testified that when he returned from his service work, Mordechai refused to accept him back:
"Adv. Rafael: September 1, 2021. When did you finish working for Mordechai?
The witness, Mr. Sagaber: 2022 May 11. When I came back from community service, he came back and told me, 'You don't, I don't accept you for work.'."
(p. 1 of the transcript of September 30, 2024, paras. 28-30).
And -
"The witness, Mr. Sagaber: I finished my community service, I came to him, I told him, 'I want to go back to work,' he told me, 'I don't want you,' so I told him, 'Close my compensation,' he told me, 'Go to your lawyer, I won't close,' he told me.
Adv. Rafael: And yet you returned to work later in the fourth month, you returned to work on Shabbat in the yeshiva.
Witness, Mr. Sagaber: I didn't come back at all, after the service work I didn't come back.
Adv. Rafael: Okay, we have a slip that you worked afterwards, after your service work.
The witness, Mr. Sagaber: No, no."
(p. 2 of the transcript of September 30, 2024, paras. 33-39, p. 3, s. 1).