Without derogating from all of the above, I do not believe that Zahavi acted in bad faith when he did not reduce his damage by applying for another job - since on the face of it he acted from the same point of departure as the defendant and in accordance with it - the contract between the parties was not cancelled and there is a possibility at any time of his return to broadcasting by the defendant. Moreover, in circumstances in which the defendant itself could have given notice of the cancellation of the agreement and thus reduced the damage, her claim that Zahavi should have done so is nothing but invalid on the part of the defendant, who, as detailed in my approach, out of thought and interests, refrained from notifying the plaintiffs of the cancellation of the agreement.
In light of all of the above, I do not believe that the defendant has lifted the burden of proving that the plaintiff did not reduce his damage, and therefore the law of its claims in this context is dismissal.
- As a summary, I determine that in respect of the suspension of Zahavi from his position, without being paid to him for the entire period of suspension - the plaintiffs are entitled to payment of the contractual consideration during the period in which Zahavi was suspended from his position until the date of the submission of his supplementary affidavit - i.e., the sum of ILS 25, 000 multiplied by 27 months and a total of ILS 675, 000 plus VAT in accordance with the law.
I note that the defendant argued - for the first time in its summaries - that the suspension should be viewed as a de facto cancellation of the agreement. However, until the date of its summaries, it did not claim that the agreement between the parties had been canceled. As such, I do not find it acceptable to accept the argument and accordingly the agreement has been cancelled so far, and at the same time, since the defendant announced in its summaries - I consider the defendant's summaries to be a notice of cancellation and order the cancellation of the agreement between the parties from the date of this judgment.