Labor Dispute (Jerusalem) 23424-05-25 Ksiahon Zrihon – Ministry of Public Security – Israel Police

Judgment

We have before us the request of the State of Israel - the Ministry of Public Security, the Israel Police (hereinafter "the defendant" or "the police") to dismiss the claim in limine, in the absence of substantive authority, in view of the provisions of section 93A(a) of the Police Ordinance [New Version], 5731-1971 (hereinafter - the "Ordinance").

Background

1. On April 18, 2002, the plaintiff began serving as a soldier in the Border Police near Jerusalem. On April 9, 2020, the plaintiff was observed and caught driving under the influence of alcohol, and then refused to undergo an owl test.
2. As a result, the plaintiff was summoned to a hearing regarding his dismissal/non-extension of his service, when he had at least one previous similar offense from 2012, as well as a disciplinary record, low periodic evaluations, and a recommendation by his commanders not to extend his service, as stated in the decision of the Head of the Human Resources Division of the Israel Police of August 23, 2020, which was attached as Appendix 2 to the statement of claim (hereinafter , the "Decision").
3. As stated in the decision, on June 23, 2020, the plaintiff appeared for the hearing together with the previous attorney. During the hearing, the plaintiff argued that this was a traffic offense that was committed outside the scope of his position, that his dismissal was disproportionate, that his conviction in 2012 was irrelevant, in view of the passage of time, as well as the serving of his sentence, and that his performance was positive.
4. The decision states:

"I considered in your favor the fact that an indictment has not yet been filed in the case in question, and I took into account your arguments in the hearing interview.  On the other hand, I have considered for your duty the severity of the offense attributed to you, which miraculously did not result in injury to life as a result of it, and your past conviction in similar circumstances; the quality of your poor service over the years, when your periodic evaluation from 2019 was given for a position you performed for a few months, and has not characterized your performance for years; the multitude of disciplinary offenses for which you have been convicted, despite the many opportunities you have received from your commanders to improve your conduct and functioning; and your recommendation to me not to extend your service in the corps.