The allocation of work from home was also done according to the personal needs and roles of the employees; thus, a monitoring station coordinator, was allowed to work from home in the first place because she was asthmatic and her work mostly consisted of working in front of a remote computer, while submitting daily reports. [259] In contrast, the plaintiff, who dealt with computer malfunctions, was often required to be physically present in the office,[260] and "her first day was always devoted to dealing with computers."[261] In addition, Dr. Rosen noted that she "fought" to have 14 essential workers, including the plaintiff, in order to allow them to work and not be forced to go on unpaid leave.
It should be noted here that the plaintiff was absent from work for a long time in the period following the filing of the claim, and especially during the COVID-19 period. In order to explain the ear in 2020-2021, the plaintiff was absent for almost 160 days. [263] The plaintiff explained that she preferred not to come to work even in the case of a slight cold in order to prevent infection. [264] In light of all this, it is not possible to determine that the defendant's conduct amounted to abuse, but rather reflected reasonable management of personnel in emergency situations, taking into account operational and personal needs and the uncertainty that prevailed, especially at the beginning of the COVID-19 pandemic.
- The plaintiff's conduct can also be learned from the disrespectful manner in which she responded to the CEO's request during the Corona period. Thus, on December 24, 2020, the CEO contacted the plaintiff as follows:
"Hi Selby,
- Due to the COVID-19 situation and the need to allow a number of additional employees to work from home, I approved the purchase of five laptops.
- On October 20th, you ordered 5 laptops after checking which computers you should buy.
- To my questions in the email, the last one at 12 o'clock, when the computers are supposed to arrive - not Shabbat.
- An invoice for the payment of ILS 31,400 was sent to the association on October 22, 2021 and approved for payment on January 1, 2021.
- Before the payment, and in your absence, I called the supplier to find out when the computers would arrive at the union.
- To my surprise, it turned out that they arrived at 12 and were handed over to you and/or Jan.
- It's not clear to me why they haven't been delivered since December 6 - is there anything more important than that during the Corona period?
- Therefore, on the day you arrive at the office, I will ask you to hand over the computers to me so that I can give them to the employees, so that they can work from home during the third lockdown.
Wishing you a speedy recovery