The second reason for which he was summoned to the hearing, which is frequent absences from work, was not answered or denied at all. In his cross-examination, he referred toquite a few absences that were documented in the "Finance Group" (p. 13, line 20 to p. 14, line 23). Thus, on the defendant's side, Mr. Kfir Barak testified about the plaintiff's many absences from work, and these were supported by additional evidence. On the other hand, the plaintiff, as stated, remained silent on the matter and did not present evidence to contradict the statements. Therefore, we determine that the plaintiff did not prove that there was no real reason for his dismissal.
Compensation for Mental Anguish
- In the statement of claim, the plaintiff included compensation in the amount of ILS 20,000 for mental anguish, without specifying the cause of action (paragraph E at p. 14 of the amended statement of claim). In his cross-examination, the plaintiff was asked to clarify the claim on this ground, and claimed for the first time that he had been humiliated and was distressed by the incident he described in the statement of claim, according to which at the end of the hearing held for him on August 28, 2023, the defendant's employee (Eti) entered, wished him good luck and asked if it would be possible to contact the plaintiff while he was at home (p. 39, lines 15-28). In the summaries, the plaintiff added that the need to file the statement of claim and the judgment that will be published online at the end of the proceeding will lead to humiliation and loss of income, and for this reason, too, he should be awarded compensation for mental anguish.
Mr. Kfir Barak confirmed that at the end of the hearing, an employee entered his room, but according to him, it was after the hearing ended that he had spoken with the plaintiff about the plaintiff's daughter, and that at this stage Mr. Ofer Barak, who was present at the hearing, was no longer present. Mr. Kfir Barak rejected the plaintiff's claim that the employee wished the plaintiff success (p. 75, lines 1-12).