Caselaw

High Court of Justice 1898/06 Ministry of Interior v. National Labor Court Jerusalem – Courts Administration - part 21

March 24, 2008
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The Labor Court is presumed to be entrusted with the application of the law and Halacha in any field, like any other court in the State of Israel.  A court with unique jurisdiction to adjudicate in a particular area is not limited by its ability to operate other legal systems, which are not within its exclusive jurisdiction, if it is required to do so during its hearing.  The judicial courts are all subject to and committed to all the norms and laws that apply in Israeli law, and they have the authority to apply them if necessary.  Legal issues are not in a sterile bubble.  If we had determined the authority of the courts with special jurisdiction in light of the rule that they must hear cases in which the decision is possible only with the help of the unique legal system under their jurisdiction, we would have abruptly neutralized their ability to act.

  1. Indeed, the unique jurisdiction of the Labor Law Court was determined due to the recognition of the uniqueness of the employment relationship and the need for a court to focus and specialize in these relations. Thus, when problems arise around עצם Referral to the Labor Law Court, the key lies in identifying the issue The Central, the Dominant, which is on the agenda and determining whether the answer to this issue is within the jurisdiction of the special court - i.e., the Labor Court.  Identifying the main normative system that applies to a particular issue or is required to solve it can sometimes be a difficult task.  Other Municipality Requests 9379/03 Charney v.  State of Israel ([Published in Nevo], 6 December 2006) (hereinafter: Matter Cerny), with reference to a similar issue - the authority of High Court of Justice With regard to matters that were transferred to the Court for Administrative Affairs when it was established by law in 2002, and to the question of classifying a matter for the purpose of deciding which court is appropriate to hear it, the Honorable Justice Procaccia said the following:

"The classification of an action as a civil matter under the jurisdiction of a district court, or as an administrative matter, in which case its place is in an administrative court or the High Court of Justice, may be complex where elements are combined on one side or the other.  In such a situation, it is necessary to decide which of the elements incorporated in the action is dominant, and accordingly to locate the competent court.  A similar question of classification arose in connection with a claim filed between family members, and a decision was required as to whether the matter is civil in nature and falls within the scope of the ordinary civil court, or within the jurisdiction of the Family Court, as stated in the Haim case:

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