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Labor Appeal (National) 53036-03-20 David Peled – State of Israel - part 3

April 12, 2021
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Due to the special nature of the positions of the police and the prison service in society, and due to the great responsibility associated with the position of a police officer or prison guard, the methods of recruitment of a police officer or prison guard, his duties, powers, and significance are determined by a special law, distinct from the rest of the civil servants...

The affiliation of a police officer or prison guard to the special judicial framework of the Labor Court, in matters that he may perceive as rooted in the labor relationship between him and his commanders, is liable to undermine important foundations in the delicate and special organizational structure of the service.

There is no intention to be released from the application of the Labor Court Law, except with respect to certain claims related to the special nature of the service.  Other powers of the Labor Court, such as its powers regarding withholding wages and annual leave, and its powers as an appellate court against decisions under the Civil Service (Pensions) Law, and under the Discharged Soldiers (Return to Work) Law, 5719-1949, as well as in claims under the Wages Protection Law, 5718-1958, and more, shall not be detracted from them."

  1. Until 2010, the substantive authority to hear matters listed in section 129 of the Ordinance was granted to the Supreme Court sitting as the High Court of Justice.  In 2000, the Courts for Administrative Affairs Law, 5760-2000, was enacted, under which the Court for Administrative Affairs was authorized to hear an administrative petition on matters regulated in the first addendum.  In 2010, the First Addendum was amended, and in particular 37(2) of the First Addendum, the Court for Administrative Affairs was authorized to discuss the legality of decisions regarding the subscription in section 129 of the Ordinance.
  2. The Discharged Soldiers Law provides an employee with a series of protections, including protection against dismissal due to reserve duty. Section 20 of the Ordinance establishes the Employment Committee, and Section 21(a) of the Law provides as follows:

"A person who claims that this law grants him rights and that these rights have been violated (hereinafter referred to as "plaintiff"), may, within a reasonable time, apply to the Employment Committee with a request that it rule on any matter relating to his aforesaid rights."

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