In addition to the binding provisions of the regulations, the employment agreement also contains an explicit arbitration clause according to which any dispute relating to the employment agreement will be heard before the arbitration institution next to the Association, in accordance with the regulations. According to the Applicant, the only component of the claim that is claimed is the payment of wages, and there is no component in his claim that deals with protective legislation or extension orders, which the Tribunal has the exclusive authority to adjudicate. This is a matter that is clearly within the area of expertise of the arbitrators in the internal judicial mechanism, and the circumstances of which are those that are routinely discussed.
Since most of the claims submitted to the Arbitration Institute relate to a wage claim, a different interpretation will lead to the end of this judicial tribunal, contrary to the proper and desirable legal policy [referring to the Civil Appeals Authority 180/07 Amir Katz - Israel Basketball Association [published in Nevo] (October 4, 2009)], which is consistent with section 28 of the Labor Court Law and the purpose of the Sports Law.
- The main arguments of the group
On January 31, 2019, an employment agreement was signed between the parties, which enshrines cogent rights that are protected by labor laws.
According to Section 3 of the Arbitration Law, 5728-1968 (hereinafter - the Ignorance Law), an arbitration agreement is invalid in a matter that cannot serve as the subject of an agreement between the parties. The ruling is that rights granted to an employee by virtue of the protective labor law cannot be waived and therefore should not be transferred to an arbitrator's decision [with reference to: Labor Appeal (National) 73/08 Mesika Diamonds Chino and Benayoun in a Tax Appeal - Araki [published in Nevo] (September 14, 2009); Labor Appeal 791/05 Doron Katz vs. Roy Sapir [published in Nevo] (May 4, 2006) (hereinafter - the Sapir case); High Court of Justice 760/79 Dayan - in the transfer of the place of hearing to the National Labor Court, IsrSC 34 (3), 820 (hereinafter - the High Court of Justice Dayan); as well as other judgments rendered in the Regional Labor Court].