Hapoel Ra'anana argued that the parties to the proceeding that was not delayed (which is being conducted in the Tel Aviv Labor Court - the panel) are waiting for a judgment to be rendered, and therefore, it is of the opinion that the decision on the application for leave to appeal in Babayev is superfluous. Therefore, Hapoel Ra'anana left the decision on the broad issue to the discretion of the court.
Beitar Jerusalem announced that it supports the position of the Association and the Administration, according to which proceedings in which an evidentiary proceeding has not yet begun will be referred to the Arbitration Institute, and accordingly, the proceeding of Mr. Ben Shushan (who is on hold of proceedings - the Panel) should be transferred to the Arbitration Institute.
Discussion and Decision
The Existing Legal Situation
- Section 24(a)(1) of the Labor Court Law states that the Regional Labor Court will have exclusive jurisdiction to hear claims "between an employee or his successor and the employer or his successor arising out of an employment relationship, including the question of the very existence of an employment relationship, and with the exception of a claim that arose in the Torts Ordinance [New Version]". Subsection 1(a) states that the Tribunal's exclusive jurisdiction will apply "in a claim that arose in negotiations prior to the conclusion of a contract for the creation of an employment relationship, in an action that arose in such a contract before the employment relationship was created or after such a relationship was terminated, or in an action that arose in the acceptance or non-acceptance of a person for employment;".
- Section 10(a) of the Sports Law states that the association has the authority to enact bylaws that will regulate the proper management of the sport, including through internal judicial institutions, which will also discuss issues of wages and payments:
"10.
(a) An association or association shall promulgate bylaws regulating the proper management of the sport or of the sports that it is a center, including regulations regarding discipline, internal judgment, including the internal judicial institutions and the procedures under which they shall be discussed - subject to section 11, the transfer of athletes - subject to section 11a, as well as regarding salaries and payments to athletes, coaches and other officials.