Our position is therefore that the claim should be dismissed because the plaintiff did not specify in the statement of claim the cause of action of wages for the period from May 30, 2023 to June 11, 2023, and therefore this is an expansion of the front that the defendant objected to and is therefore prohibited.
In the sense of going beyond the necessity, it should be said that even on the merits of the matter, there is no substance in the claim. There is no dispute that during the said period the plaintiff did not work for the defendants, and that the employment relationship began only on June 11, 2023. The parties may, of course, determine the date of the beginning of the employment relationship. Therefore, as long as there was no employment relationship between the parties, the plaintiff is not entitled to wages for this period.
- 36. Finally - on the basis of all the above, the claim with all its heads is dismissed.
As for legal expenses - as has been ruled more than once by the National Court, a central and important consideration that the Tribunal must take into account when awarding costs is the conduct of the parties in the proceeding (see, for example: Labor Appeal (National) 15070-09-12 Maranin - S.G.D. Engineeringin the Tax Appeal [Nevo] (October 28, 2013); Labor Appeal (National) 48431-02-11 Hananel - Enterprise Partners International Limited [Nevo] (September 15, 2014)). With the entry into force of the Civil Procedure Regulations, 5779-2018, we are of the opinion that the obligations of the parties according to them should also be considered, including the duty of the parties to assist the court in what it is imposed upon it under the Regulations, and in doing so, to advance the proceeding and to refrain from actions that are disproportionate to the nature, cost, or complexity of the hearing (see: Basic Principles). Here, the proceeding was characterized by the plaintiff's repeated disproportionate conduct, as we also showed at the outset and as well reflected in the electronic file. And even though we have repeatedly warned him that he would do well to focus on the main procedure on its own merits. This is compounded by the disrespectful and sometimes lashing style of his appeals to the other side and to the court. It is also necessary to take into account the filing of the lawsuit against 6 companies, its high sum, taking into account the short period of work and the fact that it was rejected by all its leaders.