In other words, the investigation of the claim in the Labor Court regarding the majority of the grounds in respect of which monetary relief is sought is contingent on a decision on the administrative petition in question. After a decision on the administrative petition, if it is accepted, the Petitioner will be required to return to the Labor Court and claim monetary relief for each of those grounds on which her petition will be accepted. In the same lawsuit, if filed, it may even present evidence relating to the amounts claimed in respect of each of the remedies.
- Indeed, the current legal situation, according to which there is a division of powers in a manner that requires the conduct of proceedings in two stages and in two instances, is a situation that makes it difficult for police officers and prison guards, burdens them, increases the costs of conducting legal proceedings that they are required to take in order to realize their rights as employees, and may even serve as a negative incentive to exercise those rights and to exercise the right of access to the courts. The National Labor Court noted these difficulties and even called on the Attorney General to examine the implications of the existing legal situation regarding the claims of police officers and prison guards regarding wages and everything related to their rights deriving from their status as employees (Matter Zelig, paragraph 42; Interest Ben Sha'anan, paragraph 22).
However, at least for the time being, and as long as there is no change in the legislation and the legal situation, it seems that it is possible to try to make things more efficient. As the Supreme Court commented on this matter, "Indeed, it can be assumed that this result will cause inconvenience and higher costs in conducting the legal proceedings for the respondent. This is because this may require a split hearing in the lawsuit. However, it seems that from a practical perspective, exhausting the proceedings in the Court of Administrative Affairs will even lead to the termination of the financial aspects without the need for further discussion, since these in themselves can usually be quantified without the need for a separate legal clarification. In any case, the aforesaid consideration regarding the splitting of the hearing that may arise cannot override the clear intention of the legislature that these matters will be heard before an administrative court. To the extent that it is determined that there was an administrative defect in the conduct of the police, the respondent will be able to exhaust the translation of the judgment into its monetary value, and even if necessary, turn to the appropriate court to clarify his entitlement to financial relief, which he claims arises from it" ( Yakubov, ibid.).
- In any event, and as stated, in view of the division necessitated as asaid, the Petitioner must amend its petition in accordance with the provisions of the Labor Court in the partial judgment and in accordance with what is stated in this decision.
The Petitioner is entitled to amend her petition (also taking into account the dates of the Passover recess that will take place in about two weeks), until April 30, 2023.