Labor Dispute (Be’er Sheva) 32096-04-19 Sylvia Dahan Guetta – Association of Cities for the Environment Ashdod

Judgment

Judgment

1. This lawsuit concerns the plaintiff's claims of discrimination and discrimination, both on the basis of gender and on personal grounds.  The plaintiff, a veteran employee of the defendant, claims that she was discriminated against in promotion proceedings, in vocational training, and in wage terms (resulting from non-payment of standby pay paid to male employees equivalent to her in the position), as well as for errors in the way the salary was calculated.  According to her, after she raised her demands to correct these injustices, a series of occupational harassment and harassment began against her.  The defendant rejects the plaintiff's claims and claims that she was treated fairly and even favorably throughout her years of work, and that her claim was filed in clear bad faith.  The lawsuit includes a petition for payment of wage differences, on-call - websites and social media, air alert, computer alert, half-rank retroactive, compensation for gender and personal discrimination, and compensation for abuse and harassment.

Factual Background and the Parties' Arguments

1. The plaintiff, Mrs. Silvia Dahan Guetta (hereinafter: "the plaintiff"), began her work at the Ashdod-Hevel Yavne Cities Association (hereinafter: the "Association" or "the Defendant") on January 1, 1990.
2. The plaintiff was initially employed as a computer coordinator on a part-time basis, with a rank of 38-40.  The plaintiff has been a computer engineer since 1985.  Her employment was regulated by means of a "special contract for the employment of an employee" dated January 17, 1990.  1]
3. Between the years 1990-1996, Mr. Aharon Zohar served as the CEO of the Association.  From October 1996 until April 2022, Dr.  Anat Rosen served as the CEO of the Association (hereinafter: "Dr.  Rosen" or "the CEO").  Dr.  Rosen retired on May 1, 2022.  Dr.  Rosen was sued from the outset as defendant No. 2 in the present proceeding.  As part of the preliminary hearing held on January 27, 2020, the personal lawsuit against Dr.  Rosen was dismissed by consensus.
4. During her years of work in the Association, the plaintiff's rank in the rank of the Engineers rose as follows: Rank 40 on January 1, 1995, Grade 41 on January 1, 1998, and Rank 42 on January 1, 2001.  On June 1, 2014, the plaintiff was given a half-rank increment (+42 degree).
5. As part of the union's work, in the past, the workers carried out on-call hours, among other things, as follows:

• "Air Alert Hours" - According to the affidavit of Dr.  Rosen's main testimony, in the past, 80 hours of alert were defined as additional "air alert hours".  This addition no longer exists in the Association in light of the change in circumstances, and is today only a "virtual alert" and "a remnant that has been established since the past period" (hereinafter: "Air Alert").

1. "Dangerous Materials Alert Hours" - an employee who received payment for this alert was supposed to perform it in practice, and even had a service van attached to him, which he would use to arrive in real time for events in the field. According to the affidavit of Dr.  Rosen's main testimony, employees who performed this alert in the past received 80 hours as an additional "hazardous materials alert", and at a later stage, only 40 hours were defined as hazardous materials alert hours and no more.

The Ottoman Settlement [Old Version] 19167.  On June 4, 1998, the plaintiff, together with another employee (Mrs. Sudri), applied to join the air drive round: "Please confirm our joining the air drive round." On July 4, 1998, Dr.  Rosen replied to the plaintiff that she could not increase the amount paid for on-call and rejected the plaintiff's request.  However, in the same year (1998), following the retirement of one of the employees who served as an on-call employee, Dr.  Rosen divided his air alert hours between the plaintiff and the other employee.  The plaintiff received an additional 40 hours of air alert, out of the total 80 hours of alert allocated to the retired employee.