Caselaw

Labor Dispute (Be’er Sheva) 32096-04-19 Sylvia Dahan Guetta – Association of Cities for the Environment Ashdod - part 5

May 19, 2026
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Moreover, the same men who received 80 hours of air alert also received 80 hours of hazardous materials alert, while the plaintiff did not receive hazardous materials alert pay at all.  In this regard, the plaintiff's requests to undergo training to perform hazardous materials alert were denied time and time again, despite the fact that there was no impediment to sending the plaintiff for training and despite her clear suitability for the position.  In 2009 , the defendant even preferred to send a temporary worker, a man, to the plaintiff for hazardous materials training, despite her repeated requests.

The defendant did not present a list of criteria for the division of on-call hours, but rather claimed in general that the division should be made "in accordance with needs and resources", which indicates a lack of transparency and gender bias.

  1. The defendant's main arguments

80 hours of air alert is a "virtual" and "remnant" addition that has been established since the past period.  This alert was defined in the first years of the association's establishment, during which monitoring worked in the framework of intermittent control (MBS).  In 2004, with the transition of the Eshkol power plant from fossil fuel to natural gas, the CBS became redundant.  Despite this, the union did not harm the air alert hours given to the plaintiff (and other workers).

The defendant explains that 80 hours of standby hazardous materials, which are the only hours of standby that were actually carried out, require appropriate education (chemistry, chemical engineering, natural sciences/environment), experience and specific training, familiarity with factories and risks, and this is a heavy responsibility of "pikuach nefesh".  The plaintiff has never been certified as a hazardous materials officer and does not have the professional knowledge to do so.  Against the background of the above, even the current CEO, who replaced Dr.  Rosen in her position, did not entrust this responsibility to the plaintiff.

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