Second, on the merits of the matter, it was determined that: the 03/2019 salary was not paid to the applicant and the transfer of the amount to his account on 20.3.19 constituted payment for the month of 02/2019; the 04/2019 salary was not paid in full in cash; the 05/2019 salary was not paid at all. It was also determined that the group produced pay slips containing improper deductions that it made due to fines, repayments and absences, which are not permitted under the agreements that apply to the parties.
Therefore, it was ruled that the group must issue other correct slips that reflect the correct salary to be paid to the applicant for the months 03-05/2019 in the amount of ILS 12,044 gross each, which are required, inter alia, for the purpose of completing his claim for injury pay to the National Insurance Institute (the gross amount was determined on the basis of the salary slips that were issued, according to which, after the mandatory deductions, a net amount of ILS 10,000 was received). In addition, it was determined that the group must pay the applicant the sum of ILS 12,044 for each of the months of 03-04/2019, as well as gross salary for nine working days out of 25 that occurred in the month of 05/2019. In conclusion, the arbitrator also referred to the receipt or non-receipt of injury pay from the National Insurance Institute in practice, as well as his fees and expenses.
- The main arguments of the Applicant
The Labor Court has the authority to approve the arbitral award in accordance with the provisions of Section 24(a)(1) of the Labor Court Law, 5729-1969 (hereinafter: the Labor Court Law).
In the framework of the response to the group's request to cancel the arbitration award, it was claimed that the claim was for consideration based on the employment agreement entered into between the parties. According to the Applicant, the activity of the parties was carried out within the framework of the Association, which operates in accordance with the Sports Law, Retrial - 1988 (hereinafter - the Sports Law) and the internal regulations it has enacted, which bind all those involved in the industry, in accordance with Section 10(a) of the Sports Law. Among other regulations, there are statutes of the Arbitration and Mediation Institute, which create an internal judicial mechanism. Section 2 of the Arbitration Institute's bylaws lists a list of issues that it is authorized to discuss, including any dispute relating to the contractual relationship between a team and a player. This is as is customary all over the world.