Arbitration Claims (Tel Aviv) 58922-01-17 Uri Itzhaki v. Netanya Sports and Basketball Promotion Company Ltd. - part 2

Arbitrator Shimoni reached the conclusion that once the plaintiff ceased to act, and the performance of the contract became impossible, he did not have the right to enforce on the defendant its obligations under the agreement, for the period following its suspension ("Arbitrator Shimoni").

7. His lawsuit of the Applicant vs. the National Insurance Institute Meet In his injuries Dated 21.10.10 and 18.11.10 As work accidents, Rejected In the case National Insurance Institute 16593-01-12 Uri v.  National Insurance Institute (Unpublished, given on October 28, 2013) (Hereinafter: "A case in the Tel Aviv Police").
8. A preliminary hearing was held before us on April 6, 2017, and on November 27, 2017, when the applicant did not file an affidavit and did not ask to interrogate Lieber (the declarant on behalf of the respondent) - The parties argued their arguments. The minutes of the hearing were typed into the Net on December 18, 2017, and when the Respondent requested to amend it, the Applicant did not respond - Brought before us on January 21, 2018 for judgment.

The Applicant's Arguments

9. The arbitral award was given without substantive jurisdiction, an argument that can be raised at any stage of the proceeding (High Court of Justice 6103/93 Levy v. Beit Din 48(4) 118) Therefore, it is lawful to be nullified completely and in essence, This is a claim between an employee and his employer, When in accordance with To the section 24 (A)(1) Law The Labor Court, תשכ"T- 1969 (Below: "The Labor Court Law") Given Powers EUnique to hear the lawsuit,to the court.
10. Section 3 Law The Arbitration, תשכ"VIII- 1968 (Hereinafter: "The Arbitration Law") Stipulates that an arbitration agreement in a matter other than Can be used Subject of Agreement between the Parties. The law states that a dispute under the protective laws in labor law is vested in B.'s exclusive authorityMoving a Discussion Venue only and cannot be submitted to an arbitrator's decision [High Court of Justice 760/79 Dayan N' The National Labor Court, פ"D.L."IV (3) 820, 824 (Below: "Stripe"D.  Dayan")].
11. In the transfer Venue The National Council ruled that the minimum wage and the withholding of theYinen Cogent grounds, The Traditions of Bey's Unique AuthorityMoving a Hearing Venue [Employment Appeal (National) 791/05 Doron Katz N' Roy Sapir (Posted inNevo) 6, 7 (Below: "Stripe"D. Katz")].

The precondition for withholding wagesis the right to wages, since the court recognized in the Katz judgment that wages are a cogent right, in determining that the discussion of the preliminary conditions for withholding wages cannot be separated or split from the main remedy, arbitrator Shimoni exceeded his authority, ashe ruled that the plaintiff was not entitled to wages.

12. The Applicant also relies on"IV A.II. 34603-12-15 Harel Holdings- Hapoel Tel Football Club-Spring 2Tax Appeal N' Daniel Amos (Below: "Stripe"4 Amos"), In which she annulled 22' Judge D"ר A.  Gilzer-Katz ruled on arbitration, and ruled that the wages of theJan A cogent right that will be given to the unique decision of the Labor Court.  The Applicant also relies on Pas"IV Given by the President, the Honorable Judge Orly Sela (Labor Dispute Regions in"Q) 17500-03-16 Home"R.  Ashdod Association for Promotion and Development v.' Yehezkel Mizrahi (Posted inNevo, 07.07.16) (Below: "Stripe"4 Ezekiel")], The name of the court refers to the determination of the case law that the right to wages11 Cogent & Analgesic Ingredient The unique authority to discuss it is for the house The Law of Labor.
13. In light of all the above,, The Applicant's Right to WagesJena Cogent Right, which there is no Can The parties to stipulate it, It does not matter if the parties have agreed to the arbitration between them, This is because the Arbitration Institute of the Association has no authority at all to hear a claim that raised a right to wages against them.
14. The Applicant further notes that he does not dispute the authority of the Arbitration Institute by virtue of Sports Law, תשמ"VIII-1988 (Below: "Sports Law"), to rule on matters under his authority, But Petition 30In the transfer Venue To determine that the provisions of the Sports Law cannot stand up to the rights given to him in the protective labor law.
15. The Plaintiff Forced Contacting the Association's Arbitration Institute, Leshem "Guarantee Collection The Amounts, If they stop", Since the Basketball Association prohibited the/or the transfer of collateral deposited with the Budget Audit Authority of the Basketball Association., In favor of judgments "Exteriors" To the Association; The sole assets of the respondentYinen Checks deposited with the Budget Audit Authority, By virtue of the requirements of the association's bylaws for depositing collateral for women of Mimand which will be used, Among other things, For the payment of wage debts to the players that will be determined by the Arbitration Institution.
16. In light of all of this - He petitioned to annul the arbitration award, since it was given in deviation from authority.

The Respondent's Arguments

17. The applicant is the person who initiated the arbitration proceedings And only After losing the appeal, appeared before the court and claimed that the arbitration institution did so without authority, For he had no authority to discuss"Mullen base salary"/"Mullen Wages, A term used by the applicant For the first time In this request.
18. Arbitrator Kraus ruled in favor of the applicant, Because"j. His determination that the respondent was negligent towards the applicant And not Because"Hire Holen".  Arbitrator Shimoni rejected the applicant's claim, Not because he is not entitled to receive the "His Mullen Fee", But because"J The Agreement and in Light of the Injuryand (Stemming from a hidden illness that began to develop in his body before the beginning of his services with the Respondent), The applicant was prevented from fulfilling his obligations under the agreement, SYes, it has become impossible to carry out.
19. Even in his statement of claim To the Arbitration Institution The plaintiff did not raise a claim in this regard "Wages against them", Rather, he claimed that the injury was unknown and unexpected.Strike The same from playing definitively, and that in accordance with the agreement, The Respondent must pay the balance of the sums that in the agreement, Even though he can no longer be employed by the Respondent.
20. The Applicant acted contrary toArbitration Law:

In accordance with Section 21A(c)(1) of the Arbitration Law, a request to annul the arbitral award may be filed on the grounds of section 24(9) and (10) only, when the arbitral award whose annulment is requested, is given as an "appeal before an arbitrator" (section 21).a); In accordance with Regulation 9 of the Arbitration Procedure Regulations, 5729-1968, the applicant should have attached an affidavit to the motion to annul an arbitration award and specified the grounds for annulment, certainly when factual claims arise from the application regarding entitlement to wages or wages against them.