| Jerusalem Regional Labor Court | |
| Civil Appeal 3166-07 Shweig et al. v. Hapoel Jerusalem Football Club et al.
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| Before | The Honorable Judge Sarah Shadior – Single Judge
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Plaintiffs |
1.Ronen Schweig 2.Ohayon Moti 3.Gula Amir 4.Avrahami Eyal 5.Dahan David |
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Against
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Defendants |
1. Hapoel Jerusalem Football Club 2. The Jerusalem Football Association 3. Jerusalem Sports Team – Football Ltd. 4.Victor Yona |
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| Judgment
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The court is facing a lawsuit by five soccer players against all of the defendants, jointly and severally. Ronen Schweig and Moti Ohayon demanded severance pay only, while Amir Gola, Avrahami Eyal and Dadu Dahan demanded an "aliyah grant" and severance pay. Each plaintiff sued, based on specific claims relating to his employment.
The defendants claimed that the plaintiffs were paid everything they were entitled to according to the contracts with them and the circumstances of the termination of their employment.
The Facts
- The plaintiffs were soccer players and played for Hapoel Jerusalem at various times.
- Plaintiff 1 and Plaintiff 2 claim severance pay, plaintiffs 3, 4, and 5 claim severance pay and an elite league grant.
- The plaintiffs signed engagement agreements such as those attached to their affidavits. In addition, on January 29, 2009, all copies of the contracts between the plaintiffs and Hapoel Jerusalem were submitted.
- The Budget Control Authority also submitted a notice on December 3, 2008 regarding the employment periods as detailed in its records, and in the documents and engagement contracts that were attached.
- There is no dispute that Hapoel Jerusalem was promoted from the national league to the national league in the 2002-2003 season.
The Controversy
- Does each plaintiff in and of itself meet conditions that entitle him to severance pay in light of the period of employment, continuity of work, and the circumstances of the termination of the employee-employer relationship of each according to his circumstances?
- Do the engagement contracts signed by the plaintiffs prevent the filing of a lawsuit, in particular, in light of clause 10 of these contracts?
- Whether the plaintiffs or any of them have signed letters of dismissal and waiver that prevent the filing of a lawsuit, and whether their signature prevents them from claiming the aliyah grant and severance pay.
- Insofar as a right is determined what is the basis for calculating the rights, is there room for a current account in light of what is stated in the engagement contracts and in light of the Uri Isaac judgment ?
- Is there any rivalry between the plaintiffs and defendant 4, Victor Yona, in view of the fact that no allegation was raised against him in fact, except for a mere allegation that he employed them?
The Verdict