The plaintiff did not attach to his statement of claim or affidavit the documents that he claimed were published from labor dispute file 7238-05-17. However, the plaintiff claimed that the published documents also contained his ID number (paragraph 65 of the statement of claim). What the plaintiff missed was completed by the defendant, and Appendix 2 to the affidavit is attached a partial judgment given in the case on August 18, 2017. The title of the judgment reads the plaintiff's ID number immediately after his name.
- According to the court administration, the case was opened as "open to the public" and no gag order was requested or a confidentiality order was imposed on the proceeding, until after the judgment was rendered. On July 28, 2021, the Labor Court issued a decision on the plaintiff's request for a gag order:
"It is not clear how the ID number was published when the minutes of the hearing and the judgment did not (and deliberately) record the ID number. In any event, and at this stage, if no objection is received from the other party, the case will be confidential." (Appendix 18 to the statement of claim, Appendix 32 to the plaintiff's affidavit)
I will note that the published judgment is the partial judgment, and not the final judgment, and it is possible that the court's comment regarding the lack of the ID number in the judgment relates to the final judgment.
- On August 3, 2021, the plaintiff contacted the defendant and requested that the publication be removed from the website, as it included his ID number. In her letter, it was noted that the court had ordered the confidentiality of the case. In response, the plaintiff was asked to convey the court's decision ordering confidentiality, the plaintiff forwarded the decision, and on the same day the publication was removed. The plaintiff again contacted the defendant, and asked to remove the reference to the file from the page linked to his name, and was told that the page would be updated in the coming days (the entire correspondence was attached as Appendix 2 to the defendant's affidavit). In his cross-examination, the plaintiff confirmed that after the order was presented, the publication was removed (page 30 of the transcript, line 4).
Documents from Labor Dispute 56316-07-17 In