The plaintiff is entitled to wages for the month of July 2024. As for the calculation of the salary, the plaintiff claimed that he calculated according to the base salary of ILS 5,667 as well as the average commissions for previous months - 5,731 ₪. The defendant did not present a counter-calculation. Therefore, the defendant will pay the plaintiff wages for the month of July 2021 in the sum of ILS 11,398.
- Advance Notice
In the resignation letter, the plaintiff announced that he would work until the end of the prior notice as stated in the employment agreement.
The evidence showed that the defendant did not allow the plaintiff to work and in fact already on July 28, 2021, disconnected him from the company's computer systems (Appendix 12 to the plaintiff's affidavit). This document contains a notice from the defendant to the company's customers:
"After a period of many years, Itamar Savir, who was your portfolio manager with us, announced the end of his position at the company.
We wish Itamar the best of luck in his future endeavors.
The person who will replace him in managing your investment portfolio with us is Mr. Tamir Manovitz..."
On August 10, 2021, a letter was sent from the defendant's attorney detailing the defendant's claims against the plaintiff. At the end of the letter, it was stated that the defendant claims that the sick days presented by the plaintiff do not reflect the truth and that she intends to deduct from the plaintiff 60 days' notice.
On August 20, 2021, the plaintiff was sent a notice:
"You are requested to coordinate a visit to our office in order to collect your personal equipment and return the office key. If you don't do this by the end of the week, the equipment will be thrown away. No further notice will be given."
- The above indicates that The defendant was the one who terminated the plaintiff's employment and did not allow him to work during the notice period.
The fact that in July the plaintiff presented sick certificates does not mean that he did not report to work as required in August and September 2021.