The plaintiff, on the other hand, claimed that the sickness certificates were given against the background of a difficult mental state in which he was due to the conduct of the defendant's managers towards him. According to the plaintiff, the doctor advised him not to stay at home, and he did. The plaintiff confirmed in his testimony that "I did not break a leg."
- We should note that we have not seen fit to address this issue of the validity of the sick certificates. First, there is nothing to prevent a person from getting sick and receiving a sick certificate for an illness that allows him to leave his home. Second, there are no exceptional circumstances in this case that justify examining the sickness certificates given by the HMO doctor. In this regard, see the words of a panel headed by the Honorable Judge Abu Kaoud in the case Labor Dispute (Cell) 58217-06-22 Elbaz v. Orit Financial Services inTax Appeal (Dated March 2, 2025)
- In the letter of demand before his resignation, as cited above, the plaintiff raised three clauses that he claimed constituted a deterioration of conditions.
- One of the sections listed by the plaintiff was certainly fulfilled. The fact that the defendant retired to a pension fund from the base salary only and did not correct the breach even though she was given an opportunity to do so. As we have determined above, this is wages for all intents and purposes. Making pension contributions on only part of the salary constitutes a significant violation of the claimant's pension rights and justifies resignation in circumstances that entitle him to severance pay.
- With regard to the claim about the reduction in wages due to the Corona crisis and the failure to restore the situation to its previous state- In the evidentiary hearing, the plaintiff attached a table that compiles data from the pay slips and reflects his income from commissions during the last years of his employment. The table clearly shows that there has been a significant decrease in fees, starting in May 2020, with the return to work after the first lockdown.
Thus, in December 2019 the fees were ILS 54,000, in January 2020 they were ILS 35,753, in February 2020 they were ILS 47,943, while from May 2020 onwards they were reduced to ILS 11,065, ILS 6,326, ILS 25,880, and so on.