'Classifying a matter as being within the jurisdiction of an ordinary court or a family court is sometimes not easy. Matters that do not relate to distinctly personal status usually incorporate elements of civil dispute and family dispute with each other. It is therefore necessary to decide which of them is the dominant element, and in accordance with this determination, a matter will be assigned to one instance or another... The aforesaid classification requires, by its nature, the clarification of factual data of an objective and subjective nature...' (Judgment, p. 308; emphasis added)" (Charney, para. 23).
For identification, it is possible to use any legal tool that can clarify the picture. Thus, for example, the relief test can be used - not as a final and absolute test regarding the question of whether the labor court is the appropriate instance, but as an auxiliary tool for identifying the dominant issue. It can be said that where it is found that most of the rulings and legal rules required for a decision on a particular matter belong to a particular legal field, then if the legislature has established a unique trial court for this area, it is reasonable to assume that the matter will be clarified in this instance. However, there may also be cases in which a particular matter will require a great deal of discussion according to norms that are not within the exclusive jurisdiction of this or that court, but whose discussion is intended to serve a main purpose that originates in the normative system over which a particular court is entrusted.
For our purposes - a decision that a deputy of a local authority will be entitled to wages for his work subject to certain conditions is in fact derived from a general norm, which also stems from the rules of natural justice, according to which a person is entitled to wages for his work, no matter how senior and high-level his position may be. When we have said this and added it to our statements in paragraph 15 above (in which we discussed the remedy test as a possible test also with regard to examining the authority of the Labor Court), we have thus said that the proper place to examine a dispute centered on the debate over the application of the norm according to which a person is entitled to wages for his work, a dispute in which the main need for the discussion is derived from the need to protect the norm according to which a person is entitled to wages for his work. It is the court that is uniquely authorized to defend this norm - the Labor Law Court. The process until a decision is made regarding the payment of wages (the approval of the Council regarding the fulfillment of the conditions and subsequently the approval of the Minister) cannot constitute an obstacle on the way to determining that the wages are wages, even if these bodies operate on the public level, and their behavior is examined according to standards taken from the field of administrative law. The core question is, as stated, wages, and the unique court established to hear this core question will make use of all the necessary legal tools.