Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAn employee resigning due to sexual harassment at the workplace is deemed dismissed and entitled to severance pay
Labor Law and Immigration
Dispute Resolution
An employee was harassed at the workplace and informed the employer. The employer did not act to stop the harassment and the employee decided to resign. The Supreme Court held that although the employee resigned she is entitled to severance pay under law. It should be examined whether the sexual harassment arose in circumstances under […]
Transfer of shares that does not meet the formal requirements may still be valid
Business, Corporate and Joint Ventures
Dispute Resolution
A director and shareholder in a company notified the company of his resignation and transfer of shares to another and the company reported that to the Registrar of Companies. Later, the shareholder contended that the actions should be declared null and void because the documents he signed were not those required under law. The Court […]
Exercising an option subject to conditions does not constitute an exercise
Real Estate
Dispute Resolution
A lessee sent notice of exercising an option to extend the lease period for three additional years, but in the notice stated that the option is subject to certain commercial terms to be granted by the lessor to a replacement lessee. The Court held that the exercise of the option is invalid. An option in […]
The default in case of filing a claim by a company is obligating it to deposit a guarantee for the expenses of the defendant
Business, Corporate and Joint Ventures
Dispute Resolution
Copyright, Trademarks Media and Artists
A company engaged in the design, production and marketing of emergency lighting products demanded an injunction relief preventing the marketing of a ceiling-mounted emergency lighting fixture that was misleading to a unique and innovative product of it, and thus infringed on its copyrights. The competitor demanded deposit of a guarantee for its expenses. The Supreme […]
Better Late Than Never-Have you Heard of a Belated Hearing?
Labor Law and Immigration
In recent years there has been a significant case law development in connection with the obligation to hold a pre-dismissal hearing in the private labor law sector. The high compensation awarded for failure to hold a hearing led to a situation in which employers are well aware of their duty. At the same time, this […]
Fiduciary duties of an officer of a company prohibit competition with the company or use of company business opportunities
Business, Corporate and Joint Ventures
Dispute Resolution
In a company dealing with consulting and maintenance of “clean rooms” for laboratories, there were two shareholders, a majority and a minority. At some point the minority shareholder resigned from his position as a CEO of the company but remained a shareholder and a director. After his resignation, he opened a competing company in which […]
Unclear concepts in the agreement will be interpreted according to its purpose, business objective, its content and legal and economic logic
Commercial, Banking and Financial
Dispute Resolution
Franchisees of a chain of fruit and vegetable sales, which called for a direct purchase from farmers to reduce costs, announced the cancellation of the franchise agreement after discovering that the prices of products offered by the chain were not competitive, partly because some of the products were purchased from wholesalers and not directly from […]
