However, this argument has not been proven. A bonus company did not attach Mr. Goldian's pay slips, nor did it prove what his salary was at the time. She did not prove what percentage of the time Mr. Goldian devoted to the Bonus Company was devoted to Mr. Zaruk's files. Such details were also not provided in Mr. Goldian's first affidavit. In his second affidavit (at paragraph 95( it was stated that he had invested in the overlap and study of Mr. Zaruk's replacements in the period between 11/2016 and 2/2017, and that this was still said in a very general way. In this affidavit, he did not state what his total salary was, and did not present exhaustive references as required.
This deficiency was noted in Mr. Zaruk's summaries and did not receive a real response. Therefore, I determine that for the purpose of calculating Mr. Zaruk's share in the profits, part of Mr. Goldian's salary should not be reduced.
Reducing employee payroll expenses
- In the last accounting sheet of CPA Schlefer (P/4, from the end of 2019), it was noted that the salary expenses of the employees who worked with Mr. Zaruk on his files, and who continued to work after his departure, in the years 2014-2019, totaled ILS 3, 125, 255. However, for most of this amount, no references were submitted. Thus, the affidavits of most of the employees, who had worked for years, were not submitted. While the issue mentions (in paragraph 2(h( the names of eight employees (only by their first names), the bonus company submitted affidavits of four other employees, who were not mentioned in the agreement (Mr. Leon Segwalker, Ms. Michal Buchbinder, Mr. Moshe Totian and Ms. Hila Levy).
Nor did Mr. Saywalker's affidavit specify what percentage of his work time he invested in Mr. Zaruk's files, and the appendices to his affidavit did not include the work reports in which he stated the amount of his work on Mr. Zaruk's files.
As for Ms. Yaffa Buchbinder's affidavit, she attached to the affidavit work reports in which it was stated that she worked on Mr. Zaruk's files for only 24 hours during 2016, in the months of April-June 2016 only. The reports consist of five pagesandtwo pages, each of which is titled "New Cases Report - 2016". Therefore, it can be understood from this that these are not Mr. Zaruk's files, but only new cases. However, in the central salary report for 2016 (P/7), it appears that Mr. Zaruk's profits were reduced at the expense of Ms. Buchbinder's salary in the sum of ILS 99, 035, an amount that is inconsistent with the evidence attached. In addition, she admitted in her interrogation that her reports were based on her previous daily reports in handwriting, but these were not submitted (p. 157, S. 9-1).