Caselaw

Civil Appeal 7719/21 Saleh Hasarmeh v. Haifa Assessor - part 13

May 4, 2023
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Hasarmeh founded an association whose goals are for the benefit of the children of the village of Ba'ana, and as the trial court noted:

"It is clear that the establishment of an association in Kfar Ba'ana, during the years in which he played in Kiryat Shmona, indicates the strong connection he had with Kfar Ba'ana at that time, and this supports his connection to the aforementioned settlement, where his wife and children lived, as well as his extended family.  Such social involvement in the village of Ba'ana is substantial when examining most of the appellant's connections."

  1. Contrary to what Hasarmeh and the group claimed, there is nothing in his employment agreement Commitment Living in Kiryat Shmona and not determined In the agreement Because Breach of this obligation will constitute A disciplinary offense.

The team claimed that the lifestyle of a professional footballer required Hasarmeh to stay from morning to evening in Kiryat Shmona, so that he did not travel to his home in Ba'ana during the week.  I find this claim problematic, given that Hasarmeh's wife and children remained in the village of Ba'ana, and given the relatively short distance between Ba'ana and Kiryat Shmona.  The trial court noted this in its judgment, stating:

"The argument that the appellant is required to rest for the purpose of performing his work and the fact that he was provided with an apartment in Kiryat Shmona for this purpose are not sufficient to teach how many days of the week he remained to stay in Kiryat Shmona, and this certainly does not necessarily teach that he is a resident of the city and this is the center of his life for the purposes of section 11 of the Ordinance.

[...] The team can demand the determination of the player's place of residence, but it cannot demand the determination of his center of life, when this figure is determined according to a set of various data that are not relevant to his work in the team."

Hasarmeh's residence in an apartment in Kiryat Shmona, without being required to deal at all with anything related to renting the housing unit, testifies to the impermanence of his stay in Kiryat Shmona.  This is a stay for work purposes only, not a stay that should be seen as a move of his center of life to Kiryat Shmona, while leaving his nuclear family behind.  It seems that also subjectively, Hasarmeh saw Ba'ana as the center of his life, where his extended and nuclear family lived, and where he spent every day free and every break at the end of the season.  All of this testifies to the fact that his roots and most of his connections remained in Ba'ana, and his stay in Kiryat Shmona was solely for the purposes of his work.

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