My father's work as a real estate broker
- The issue of my father's additional work as an employee at another workplace as a real estate broker first came up in his cross-examination, when he claimed that everything was with Tsafrir's approval (p. 80 of the transcript of May 12, 2024, paras. 27-36). The plaintiff states in her summaries that she did not know about this and that an order to provide accounts with respect to his income was requested (paragraph 58 of the plaintiff's summaries).
- Without discussing the application on the merits, it was stated that this issue was raised for the first time in the cross-examination and was emphasized only in the summaries. This is therefore an expansion of a front that does not establish a basis for relief, and Tsafrir was not even investigated on the matter. Hence, the arguments on this subject are subject to rejection.
- Similarly, we did not find any reference to the claims that were first mentioned in the summaries regarding documents that were not submitted by their editor, Amir's penetration of the plaintiff's computers, as well as the use of information that reached the plaintiff for the purposes of permissible and legitimate investigative actions, when these are the claims mentioned for the first time in the summaries of the reply submitted by the plaintiff.
The lawsuit against Amir
- Amir stated in his affidavit that he was aware that my father had worked vigorously to bring in deals for masks and other protective equipment, but that he was not involved in these matters (paragraph 25 of Amir's affidavit).
- In addition, Amir stated that Avi dealt with all the large orders for gloves almost exclusively, while the other staff members dealt with the sale of restoration equipment. According to him, if an order for corona protective equipment had arrived, it would have been forwarded to my father (paragraph 26 of Amir's affidavit). His testimony revealed that:
"I read in the statement of claim all the plaintiff's claims about the transactions that my father allegedly made with and through Yaakov Mouse and Iris Marketing. I did not know about all this activity of my father, I did not deal with it, I was not involved in it and I did not act to "cover up my father's activity" as Tsafrir and A.T. claimed. I did not cooperate with my father in any transaction that was not for the benefit of A.T., and therefore, contrary to the claims of Tsafrir and A.T., I did not receive any money for the transactions in which my father was involved, neither during my work for the plaintiff nor after the establishment of Sky." (paragraph 29 of Amir's affidavit).
- Amir's words were not contradicted in his testimony and he was not directly questioned about it. Moreover, it appears from his testimony that he knew Yaakov only from the trial (p. 19 of the transcript of 11 July 2024, para. 32). If so, the plaintiff did not contradict Amir's claims regarding his lack of involvement in the various transactions described above, and no involvement on his behalf was proven as alleged by the plaintiff.
- A review of the plaintiff's arguments as well as the evidence shows that there is not a shred of evidence against Amir. The allegations against him were not backed up at the outset, and when Tsafrir was asked in his testimony about Amir's involvement, he twisted, presented various versions as well as new accusations, and it is clear that the allegations against him are mere conjectures, which are not supported by any evidence, even prima facie (see Tsafrir's testimony, transcript of May 12, 2024, p. 31, paras. 18-39, p. 32, paras. 1-3). Moreover, according to Tsafrir, he did not bother to check Amir's emails, as he said: "Amir did not interest me so much that I did not even try to check his emails" (p. 32 of the minutes of May 12, 2024, paras. 4-6).
- It should also be noted that the plaintiff's counsel's arguments in the summaries show that Amir allegedly tried to present himself in his testimony as "limited" and "almost on the autistic spectrum." - they have no basis, are worthy of condemnation and deviate from what is appropriate in the framework of a proper judicial proceeding , and therefore there was no place to put them in writing.
- If so, the plaintiff's claims that Amir collaborated with my father's actions in an act or omission were not proven. It has not been proven before us that Amir assisted my father in his actions. In view of the lack of any evidentiary basis for the allegations against Amir, the claim against him is dismissed.
- Similarly, we did not find it acceptable to accept the plaintiff's claim that Amir left after soliciting my father, while he was aware of and complicit in my father's actions during the period of their joint work. The claim was raised as a hypothesis and is not supported by any evidence. Beyond the fact that about 13 days after they left the workplace, Avi and Amir established a joint company, Sky, there is no evidence linking Amir to what is attributed to Avi, and there is no evidence that Amir received money from Avi or any other party. In addition, the plaintiff's claim that Amir enriched himself illegally and "at her expense" was also not proven. It should also be clarified that Amir declared (paragraph 9 of his affidavit) that he left the company from the moment that without my father he had nothing to do in the company in light of his complex relationship with Tsafrir and his good relationship with my father, claims that were not contradicted by the plaintiff. In his cross-examination, he clarified that:
"....It has to do with the fact that after you and Safrir decided to put us on unpaid leave, I understood that you want to throw us under the wheels, what is it called at that time in this field the Corona started, and then I realized that I have no back, that there is no one to protect me in this field, when I realized from the conclusion that I am what will protect me, I thought to myself, I sat down with myself and thought, And at some point, what do you call it towards the end of the road, my father resigned, and when my father resigned I realized that there was no one to protect me, and I decided to resign as well, when after I resigned I sat with my father and we talked and talked and the person who opened Sky was me" (p. 9 of the minutes of July 11, 2024, paras. 6-17).