The plaintiff refrained from bringing witnesses in her favor. We assume that the plaintiff's brothers are familiar with their mother's financial and property conduct as "interested parties", and would have testified and upheld her claim that she worked as an employee for her mother. This refusal to bring a witness is explanatory.
- The plaintiff sleeps on her rights because according to her opinion, during the period of her employment she did not receive vacation and convalescence and her salary was not paid lawfully, but she did not contact her mother during all these years. The plaintiff had complete control over the payment of her salary and she was the one who paid her own salary from a joint bank account of her and her mother, so that all of the plaintiff's claims are unclear and inconsistent with common sense, while the plaintiff keeps accounts.
- The plaintiff ran independently "in the business" and she was the one who controlled the records of the vacation and the payment of wages. When the plaintiff was on leave or sick, no employee replaced her:
Adv. Bar: That you were absent from the vacation, who replaced you?
The witness, Mrs. A. Milstein: I say that even during vacations I worked, no one replaced me because I worked
Adv. Bar: When you were sick, who replaced you?
The witness, Mrs. A. Milstein: I worked, that's exactly what I said 24/7 availability.
Adv. Bar: Also abroad?
(p. 15 of P)
- The plaintiff and her mother operated in a joint bank account, with the plaintiff having a free hand to withdraw funds from the bank account, as she did in fact withdraw approximately ILS 2 million over the course of more than a year:
Adv. Bar: I'm asking you about the finances.
Witness Mrs. A. Milstein: No, I'm saying that details about each account appeared here in the appendix. Now the withdrawals have nothing to do with it because this account is a joint account, not only my joint and not just my mother's joint and it is intended for ongoing needs and among other things for future accounting and payments and wages that were not done on time,