Mr. Avrahami testifies that in the season of 8/00 to 31.5.01 he was loaned to the Hapoel Ashkelon team and it paid his salary. (p. 15, s. 29-30, p. 10, s. 1 of October 14, 2009) He also testified that in the last season he earned ILS 3,400 for ten months. (p. 15, Q. 8-27 of 14 October 2009). In the last contract that was submitted, ILS 3,700 was written for 12 months (section 6b). Therefore, there is also a lack of consistency in the content and quantity of the claim on his behalf.
- Even if there was a continuity of seasons and all debts and all compensation were paid to him by 31/5/00, the most recent agreements (P/9 and P/10) relate to the periods 1/6/00 to 31/5/01 and 15/8/01 to 31/5/02. This is only two consecutive seasons for which the no-claims document does not apply. The ground for severance pay arose at the end of the period with respect to its entirety. The statement of no claims dated November 27, 2000 (appendix to his affidavit) uses clear language: "I have no financial claims against the group, including compensation of any kind, until May 31, 2000." This is in view of paragraph 1 of this letter confirming that the worker paid him everything she had obligated to do. As mentioned, a seasonal employee requires two seasons in a row.
- This plaintiff was given the condition for two seasons even after all the debt had been paid to him. The minimum wage in May 2002 was ILS 3266.58, which is the determining amount according to the agreement.
- The agreement (P/10) is for the months of 15/8/01 to 31/5/02 (9.5 months), the agreement (P/9) is from 1/6/00 to 31/5/01 (12 months). The case law states that severance pay, criminal appeals, the months in the agreements must be calculated. Mr. Avrahami worked for 21.5 months in both seasons.
Therefore, he is entitled to severance pay at the rate of ILS 5,852.6.
- Just to break the ear, if we had taken his last salary of 3400 ILS, the rate of compensation would have been 6091.6 NIS.
- More than necessary, we should note that the witness was prepared together with another witness for the hearing (p. 24, paras. 7-17 of Pro. of July 6, 2010). The witness was asked about his salary base and referred to the 99-2000 agreement and could not explain why he did not refer to the agreement 2000/2001 in which the salary is higher, and not the last salary of ILS 3,700 (P/9). He confirms that the 2000/99 season did not reflect his salary. Thus, his testimony did not help to lift the burden of proof in the lawsuit. The defendant's witnesses were also not questioned in relation to his determining salary, and even this should be attributed to his duty. Therefore, for these reasons as well, the clause in the agreement must be validated.
- In light of the above, his claim for severance pay is accepted. All defendants 1, 12, 3 and 4 will pay the severance pay jointly and severally in the total amount of ILS 5,852.6, within 30 days, together with linkage differences and interest from the date of filing the claim until the date of actual payment.
Dado Dahan
- The claim for the grant for it was rejected as stated above. With regard to severance pay, this plaintiff sued for continuity from 1/8/1993 to 31/5/2002.
This period of employment is inconsistent with the document of the Budget Control Authority signed by Mr. Yair Rabinovich dated November 30, 2008, in which a criminal appeal was filed in the court's decision of October 28, 2008, which states: