Caselaw

Quick Hearing on the Jurisdiction of a Judge (Tel Aviv) 9637-10-11 Yoram Aharon Mazuz v. Kidma Transportation Equipment 1971 Ltd. - part 9

June 30, 2014
Print

After the exchange, the plaintiff left the company's offices.

  1. According to the plaintiff, Levy's words were an explicit notice of dismissal (Sections 24-26 To the plaintiff's affidavit), While according to the defendants,, The plaintiff effectively resigned from his job.
  2. The question for us to decide is whether the incident from the 21.3.11 There was an act of dismissal, As the plaintiff claims and whether Levy's words, According to them, "If you leave the room like this you can leave at all" There was a dismissal notice.

According to case law, the severance of the employee-employer relationship is usually done by way of resignation or by way of dismissal.

"The question is not who gram Cancel the contract, Who Violation The contract, But who 'Cancel' The contract.  When it comes to an employment contract and when it comes to'Cancellation' A Contract in Question ...  Can and'Cancellation' will be by the employer and then in the case of dismissal it will be discussed, And it can and will be by the employee, And then when he resigns, he will talk.  For our common interest - Dismissal and resignation - He has a clear and unequivocal intention to bring about the contractual relationship, Employee Relations - Employer near me finished.  The difference between the two years is on the side of the contractual relationship that operates in this way, and this is what he means: The Employer or Employee."

(National Labor Court Hearing Ibid.  3-116 Salma - State of Israel [Published in Nevo] Pad"7:12 375, 383 (1981); More on this issue' National Labor Court Hearing 3/18-3 Bencilowicz - Ata Textile Company inTax Appeal [Published in Nevo] Pad"P.B.  41 (1970); National Labor Court Hearing 32/3-58 The Broadcasting Authority - Eshel [Published in Nevo] Pad"A.D.' 298 (1973); National Labor Court Hearing 55/3-1 Dead Sea Enterprises inTax Appeal - Sheinin [Published in Nevo] Pad"7:22 271 (1990); Labor Appeal (National) 256/08 Muhammad Bashir Kouka - Schwartz, [Published in Nevo], 13.2.11; General (National) Collective Dispute 722-09-11 State of Israel - Israel Medical Association, [Published in Nevo], 4.9.11).

Previous part1...89
10...17Next part