| The National Labor Court | |
| Labor Appeal 4522-11-18 | |
Given on 29 March 2020
| Michael Zelig | The Appellant | |
| מדינת ישראל | The Respondent | |
| Before Vice President Ilan Itach, Judge Sigal Davidov-Motola, Judge Hani Ofek GendlerPublic Representative (Employees) Mr. Yaron Levinson, Public Representative (Employers) Mr. Doron Kempler | ||
The Appellant Himself
Counsel for the Respondent – Adv. Michal Leiser and Adv. Shelly Eran
Judgment
Judge Hani Ofek-Gendler
- We have before us an appeal against the partial judgment of the Haifa Labor Court (Judge Iris Resch; Labor Dispute 50275-12-16) [published in Nevo] in which part of the appellant's claim concerning compensation for loss of earnings and loss of pension payments, compensation under the Equal Rights for Persons with Disabilities Law, 5758-1998 (hereinafter: the Equality Law) and compensation for pain and suffering was dismissed out of hand. In accordance with the decision of the Regional Court, the claim for compensation under the Prohibition of Defamation Law, 5725-1965, will continue to be clarified before it.
(a) The normative framework
- (a) Section 24(a)(1) of the Labor Court Law, 5729-1969 (hereinafter: the Law or the Labor Court Law), establishes the principle that claims between an employee and an employer whose cause is an employment relationship (with the exception of torts that are not listed in section 24(a)(1b) of the Labor Court Law) are within the substantive jurisdiction of the Labor Court. Section 24(a)(1) of the Law states:
"(a)(1) In claims between an employee or his successor and the employer or his successor arising out of an employment relationship, including the question regarding the very existence of an employment relationship, and with the exception of an action arising inthe Torts Ordinance [New Version];..".
(b)Section 24(a)(5) Authorizes the Labor Court according to additional legislation. And so it is said (our emphasis):
"(a)(5) In any matter in which the Regional Court is granted jurisdiction in accordance with the amendments to the National Insurance Law [Consolidated Version], 5728-1968, and other laws, as detailed in the First Addendum, or in any other law."
It should be noted that the box "or any other law", which is found at the end of section 24(a)(5) of the Law, was added in the framework of the amendment of the 1975 Law, with the explanatory notes stating as follows (Search Order / Entry Order Law, 5733 1072, p. 365):