Compensation for the Circumstances of the Termination of the Employment Relationship
- Factual basis: On August 23, 2023, the plaintiff was summoned to a hearing in view of the possibility of terminating his employment. In the summons to the hearing, it was noted that the reasons for this are twofold:
"1. Dissatisfaction with the manner of professional conduct
- Multiple absences and failure to arrive at the workplace in an orderly manner."
The hearing is scheduled for August 28, 2023.
- On the same day, the plaintiff wrote in the WhatsApp group "Stock Finance", whose members besides him were 3 managers of the chain: the declarant Mr. Kfir Barak, his brother Mr. Ofer Barak and Haim Alkobi as follows:
"Good evening,
I don't need to make my arguments heard at the hearing. I conveyed my words during the period of my work in many emails, with some of you or at least Haim and Ofer being correspondents.
The emails were written clearly about all the problems that arose in the company's work processes.
I will continue my work according to the contract as long as you have not informed me otherwise.
In any case, according to the contract, there is a period of 60 days of advance notice at the end of the transaction.
If you are interested in finishing before or bringing in a replacement, there is no problem anymore, you just need to coordinate it. Good evening. Itzik.
Therefore, I am waiving the hearing, and it is possible to make a decision to terminate my employment without a hearing and without waiting for a hearing."
To this Kfir replied the next day:
"Dear Itzik
I am abroad and I have only just been exposed to your answer to the hearing. I would like to clarify a few things.
To the best of my recollection, no employment agreement has yet been signed between us. You delayed and added a new clause each time that was not acceptable to me. We sat together and you said you would change but it was not done!!
If you claim that there is such an agreement, I would be happy to see it in order to understand when the agreement was signed and who signed it.