Second, we would like to recall that on July 15, 2020, my colleague, Judge Elad Shabion, issued a decision to delay the execution of the arbitration award in the present proceeding, at the request of the class. Once a stay of execution has been granted by the Tribunal, there is no room for an award of wage withholding compensation.
Thirdly, it should be noted that in any event, since the question of the obligation to pay after the award was in dispute, in view of the raising of doubt regarding the arbitrator's authority, in any case this is not a circumstance in which it is appropriate to award wage withholding compensation [compare: Labor Appeal (National) 45431-09-16 Alex Gurevitz - State of Israel - Tax Authority [published in Nevo] (January 16, 2018)], but rather that to the amounts awarded by the arbitrator, an interest rate of 5% per annum will be added as arising from the arbitration award.
- Before concluding, we will add that the group has additional nullification claims according to which the arbitrator did not decide all the matters brought before him and without giving weight to the reliability of one version or another. These are partly appealable arguments, which as such do not constitute grounds for annulling an arbitration award. In addition, these arguments were raised in vain, without any detail and without reference to grounds for cancellation, with the exception of section 3 of the Arbitration Law, which deals with the lack of authority to which we have referred.
Above all, we note that a review of the arbitration award shows that it is detailed and reasoned, with reference to the testimonies and arguments raised before it.
- Conclusion
The motion to certify the arbitral award is granted, and the motion to annul the arbitral award is denied.
As a result of this, the class will act and pay the applicant the sums as detailed in the arbitration award.
In addition, the group will pay the applicant attorney's expenses and fees in the total amount of ILS 4,000, within 30 days from the date the judgment is served on him.