Ms. Hila Levy admitted in her testimony that in relation to all the months of her work, except for the months of September-December 2016 only, she did not make detailed documentation in the computer system, regarding how many hours she worked on Mr. Zaruk's files (p. 184, Q. 27-6). She testified that the detailed documentation was, according to her, less convenient, and therefore she made do with a global monthly registration based on an estimate alone, in which she only noted what percentage of the time she dealt with Mr. Zaruk's files each month (p. 184, Q. 32-25; 185, S. 33 - 186, S. 7). Thus, the weight of this evidence is lower, as it is inaccurate.
Mr. Zaruk in his summaries in the main claim (at paragraph 141( recognizes by way of estimate half of the amount, i.e., in the sum of ILS 1, 562, 627 out of ILS 3, 125, 255. In its summaries, the bonus company did not address the aforementioned evidentiary difficulties. In these circumstances, the estimate presented by the plaintiff seems reasonable and I adopt it. I therefore determine that the accountant appointed by the court must deduct only half of the sum for the expenses of the employees, i.e., the sum of ILS 1, 562, 627.
Reducing the expenses of paying the fees of lawyers, surveyors and vehicles
- In the last accounting sheet prepared by CPA Schleper, it was noted that the direct expenses for "legal, fees, car rentals, Suzuki vehicles" (P/4, third line in the table( are ILS 1, 062, 756 for the years 2014-2019.
Here, too, no references were attached to these expenses, in order to prove the fact that they were issued, and the fact that they belong to Mr. Zaruk's files only. When asked about the significant increase in expenses that occurred in 2017, which amounted to ILS 546, 974, which was far more than all other years, CPA Schleper replied that in that year there was an unusual payment paid to the law firm that represented the "Gihon" water corporation (p. 387, S. 1 - 388, S. 9). However, he too could not present any evidence that this payment was indeed paid, and that this payment did indeed belong entirely to Mr. Zaruk's files (p. 388, S. 20-10).