In addition, in accordance with Section 4(a)(1) of the Law, only a person "who has a cause of action", i.e., a person who has a personal cause of action, may file a motion to certify a class action. However, if all the conditions are met but the plaintiff does not have a personal cause of action, the court may approve the claim while replacing the representative plaintiff or, in appropriate cases, allow the addition of a representative plaintiff in addition to the plaintiff requesting the approval request [Civil Appeal Authority 2128/09 Phoenix Insurance Company in Tax Appeal v. Rahamim Amosi (July 5, 2021)].
- As to the manner in which the conditions for approval are examined, it was ruled that:
"The court must examine the fulfillment of the conditions set out in the law 'to the extent of proper reasonableness' and 'prima facie only.' It is not required that the claim be proven, but it is sufficient for the court to be convinced that there is a reasonable chance that the claim will be decided in favor of the group. The application will be examined with regard to 'the purposes of the law, which include protecting both the interests of potential plaintiffs and the interests of potential defendants, and balancing between them – 'to prevent the approval of frivolous claims, without deterring plaintiffs from filing just class actions.' The balancing act is done in the framework of examining the fulfillment of the conditions for the approval of the class action.' (Labor Appeal (National) 26328-09-14 Harel Insurance Company in Tax Appeal - Tuti Eshbel (December 3, 2019) [Petition to the High Court of Justice rejected, see: High Court of Justice 3420/20).
Application for Leave to Appeal (National) 40771-09-21 The Academic Track The College of Management Founded by the Tel Aviv Clerks' Union Public Benefit Company - Dana Segev (May 17, 2022); Petition to the High Court of Justice was rejected [High Court of Justice 4203/22 Dana Segev v. National Labor Court (July 7, 2022)].