Interim summary on this point:
When any contract is entered into between a public authority and any of its employees or representatives, for the performance of any work, contract law, administrative law and labor law apply to that contract at the same time, all in accordance with the changes required by the circumstances. This triple application does not negate the authority of a court that has exclusive jurisdiction to hear matters whose essence is an employment relationship, if this is the dominant component of the action.
The Scope of the High Court of Justice's Intervention in the Decisions of the Labor Court
- As a rule, High Court of Justice He will exercise restraint and intervene in the decisions of the National Labor Court only if the following two cumulative conditions are met: there has been a material legal error in the court's judgment and justice requires the intervention of the High Court of Justice In light of the circumstances of the case (High Court of Justice 525/84 Khatib N' The National Labor Court, פ"D.M.(1) 673 (1986) (hereinafter: the Khatib) and: High Court of Justice 8142/07 Saban v. The National Labor Court (unpublished, 15 November 2007); High Court of Justice 556/07 Dadoun v. The Educational Institutions Corporation ([Published in Nevo], 7.11.07); High Court of Justice 8111/96 The New Histadrut v.' Israel Aerospace Industries (IAI)Tax Appeal פ"IV 58(6) 481 (2004); High Court of Justice 5666/03 Kav LaOved Association v. The National Labor Court in Jerusalem ([Published in Nevo], 10.10.07)). In fact, it is required that the court's decision be manifestly erroneous in order for the intervention of the High Court of Justice (עניין Khatib, at p. 689). Determination that it is possible to reach Also A conclusion other than the one reached by the court is not sufficient to lead to intervention:
"The cases in which a legal interpretation is possible one way or the other are, in general, an example of circumstances in which the existence of a material legal error cannot be inferred, since the very existence of alternative legal interpretations or of a variety of possible legal methods is inconsistent with the conclusion that a material legal error occurred. In other words, if a certain solution is a material error, there is usually no room for the conclusion that the issue has its face one way or the other" (ibid., at p. 693).