And later on -
"The witness, Mr. Sagaber: Before I went to community service, I told him two months before I went to community service. I told him I was finishing at 30 and I called him, 'I have employees, you're not going back to work,' he told me. I asked him, 'Close everything that concerns me about compensation,' and he told me, 'You don't deserve it, go to a lawyer, you have nothing to talk to me.'
Adv. Rafael: Okay, he asked you, didn't you ask him, 'Why don't I deserve it?'
The witness, Mr. Sagaber: I asked, 'Why don't you give me what I deserve, compensation has nothing to do with you, go according to the law''.
(p. 6 of the transcript of September 30, 2024, paras. 13-20).
- The plaintiff's version that the defendant refused to accept him back after he had completed his service was not supported by any evidence other than the plaintiff's testimony. Thus, for example, none of the employees who worked alongside the plaintiff were summoned to testify.
- Mordechai was questioned about his knowledge of the length of his community service, but the plaintiff's counsel refrained from asking him whether he refused to accept the plaintiff back after serving his sentence or whether he returned to work afterwards, as the defendant claimed. This is what emerged from his interrogation before us:
"Adv. Sharon: Haylizge went on a service job, didn't he tell you that for two months, as soon as he received his order?
The witness, Mr. Yeshaya: Okay.
Adv. Sharon: Yes or no?
The witness, Mr. Yeshaya: He informed me, it was as if he came to me, he told me that he might have community service for a week or two, after that a month and a half something like that, or a month before, I don't remember exactly what, he came to me in surprise and told me, 'Listen, I have community service, I don't know when, I can't.'
Adv. Sharon: He doesn't know when?
The witness, Mr. Yeshaya: Yes, he doesn't know, he didn't know, he had some kind of misunderstanding there.
Adv. Sharon: So he lied, didn't he bring you the order that he had in court?