Second, the necessary parties' agreements, which are intended to change the existing legal situation, cannot apply retroactively to pending proceedings. Therefore, they will be examined in due course only in the framework of future proceedings that will come, if they do, to the courts.
- The claims of Mr. Babaev and Mr. Ben Shushan include cogent rights. Therefore, according to the existing legal situation, the investigation of these claims should not be transferred to arbitration. For these reasons, the proceedings in question will continue to be conducted before the labor courts. Accordingly, there is no need to decide on the application of March 2, 2025.
Conclusion
- Delay of Proceedings in a Labor Dispute 586-04-20 - Cancelled. The proceeding will resume at the Jerusalem Regional Labor House. Labor Dispute Case 10105-10-20 will continue to be conducted in the Tel Aviv Regional Labor Court (sitting in Bat Yam).
- In the circumstances at hand, there is no order for costs.
A declaratory judgment will be issued today (March 18, 2025) in the absence of the parties and will be sent to them.
| Varda Wirth-Livneh,
President, Presiding Judge |
Ilan Itach,
Vice President |
Roy Poliak,
Judge |
|
Mrs. Varda Edwards, Public Representative (Employees) |
Mr. Dubi Ram, Public Representative (Employers) |
[1] Mr. Babayev referred to proceedings in which arguments similar to those raised by Hapoel Ra'anana were rejected (e.g., CA 33002-05-18 Maccabi Herzliya Football Club – Regev Volk [Nevo] (April 11, 2019) (hereinafter: the "Volk case"); C.A. 4448-10-19 Hapoel Haifa Millennium – Oshri Roash [Nevo] (November 16, 2020).
[2] Ruling Home The Supreme Court regarding the authority of the Association's internal judicial mechanisms in contractual disputes and tort grounds, see, for example, Bad"A 180/07 Katz v. Israel Basketball Association [Nevo] (4.10.2009); Civil Appeal 2186/12 Amar v. Malikson [Nevo] (20.5.2013)].