It should be noted that in the case of Levy The above was discussed in a situation in which the minor or her parents did not sign any agreement with the respondent there; The minor played only one season in the Respondent's ranks; Coach Ehud left and her relationship with the management ran aground; The parents bore most of the financial burden.
- On the level of principle, I accept the approach, especially in the constitutional era in which the legal system exists, that great weight and especially important emphasis should be given to the constitutional right to freedom of occupation and autonomy of will (see and compare, in a close context: Labor Appeal (National Labor Court) 164/99 Fromer and Check Point v. Redguard Ltd.; Civil Appeal 6601/96 AES v. Saar, IsrSC 55(3), 850 (2000)).
However, and although the provisions of the law as well as the provisions of any agreement, if there exists between the parties, should be interpreted in the light of the same constitutional principle, in no way can it be said that this is a sweeping and absolute principle, without any importance to those provisions.
Each and every case will therefore be examined according to its circumstances. It will be necessary to give weight, among other things, to aspects contractual, pedagogical, social, familial, geographical, and economic, as the case may be.
- The appellant's family moved her place of residence to Kfar Haroeh. Traveling to each training session with the respondent takes 50 minutes in each direction. The drive to Tel Aviv takes 30 minutes each way. It is, therefore, almost twice as far away. However, the question of distance in itself does not necessarily constitute a decisive factor (see and compare my decision in various civil applications). 170510/06 Zizov v. Beitar Ness Tobruk Football Clubgranted on October 23, 2006). In this case, the appellant is a particularly active appellant, engaged in extensive activities in the field of studies (including preparation for matriculation), music, youth movement instruction, and more; Every significant minute in the framework in which she operates, apparently, with great talent and ability.
From a social and professional point of view, the appellant is currently well involved in the ASA Tel Aviv team, where she played for the past year, on loan.