The Katz judgment also set out principles that must be followed, including that the very right to remuneration is a matter on which it can itself be agreed upon and can be transferred to arbitration, and in the framework of a stay of proceedings, the court must examine what is the main point and what is the matter and whether it is possible to split the hearing; In our case, the main dispute is about the very entitlement to wages, since an arbitral award was given in the appeal according to which the applicant is not entitled to wages, the court is not required to discuss the question of withholding wages.
It should be recalled that in the Katz case, an appeal against a stay of proceedings was discussed, andthe question of where the claim should be clarified (in the Labor Court or the ArbitratorInstitute), and it was even ruled that in the matter of stay of proceedings, the court can split the proceedings, transfer matters that are not within the scope of the protective law to the arbitrator's decision, and leave only the discussion of cogent rights in the transfer of a hearing venue (See also Dayan's judgment, paragraph 7, of the judgment of the Honorable Justice Barak).
- In light of all of the above, it is correct to determine that the entitlement to wages in our case is not a cogent right and the arbitrator was authorized to hear the dispute between the parties in this matter. Once an arbitrator has ruled on the matter of entitlement to sheep's wagesand The main claim, Thus, the discussion of the authority regarding the withholding of wages is superfluous. On the one hand, we will not ignore the fact that in a claim to the arbitrator - No claim was made at all, on the one hand, and on the other hand, the defendant is right and the box "wages against them" - She didn't remember.
Cancellation of an Arbitral Award
- Since we have determined that the arbitrator was authorized to discuss the entitlement to the applicant's wages, it is necessary to examine whether the application meets the criteria in the law for annulling the arbitral award.
- Section 21 A (III)(1) Law The Arbitration Rules that if the parties have taken advantage of the opportunity to conduct an appeal proceeding in the framework of the arbitration, The arbitrator's award may be challenged on appeal and its annulment may be requested on the basis of the following grounds:
Section 24 (9) - If the arbitrator's award is contrary to public policy.