Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeNegotiating with a bidder as a pre-condition to its winning is illegal and violates the principle of equality between the bidders
Public Law, Environment and Tenders
Dispute Resolution
A tenders committee recommended to negotiate with one of the bidders, before being officially selected as the winner of the tender, as a pre-condition of its selection as a winner of the tender. By this it sought to add a waiver of debts of the authority to the bidder as a pre-condition for the win. […]
On Faith, Covid-19 Vaccines, Fish and Bicycles
Labor Law and Immigration
An article on the ability of an employer to deny salary from an employee who refuses to be vaccinated against the Covid-19 and the clear statement of the Israeli legislator to employers: Do not hire people who refuse to vaccinate. The article was written by Doron Afik, Esq. of Afik & Co.
A controlling shareholder of a company which ceased operations may be charged with its city tax debts
Business, Corporate and Joint Ventures
Taxation and Government Incentives and Funding
Dispute Resolution
The Jerusalem Municipality sought to obligate the controlling shareholder of Globus Group with the city tax debt of the company because the company ceased operations one year prior to the crystallization of the debt. The Court accepted the motion and held that the controlling shareholder should be charged with the company city tax debt. Piercing […]
An employee may be entitled to sales commissions even after for payments received by the employer after termination of employment
Labor Law and Immigration
Dispute Resolution
An insurance agent whose employment ended demanded payment for insurance policies sold by him even after his employment was terminated. The Labor Court held that the employee has the right to receive commissions. An employee may be entitled to commissions after the termination of his employment for work performed in full before the termination, and […]
Without permission, one can not claim fair use when credit to the rights owner was never granted
Copyright, Trademarks Media and Artists
Dispute Resolution
A radio station used in its Twitter account a picture took by a photographer who transferred the copyrights there in to a company. The Court granted the claim and held that the rights in the image belong to the company and the use made of the image constitutes an infringement of its copyright. While the […]
An employee who has breached a fiduciary duty shall be required to return the profit from the breach to his employer even if no damage has been caused
Business, Corporate and Joint Ventures
Labor Law and Immigration
Public Law, Environment and Tenders
A State employee transferred, against bribe, to quarries operator data on planned inspections. The Supreme Court held that the employee is to pay its employer – the State – the bribe money. Israeli law recognizes that under certain circumstance a person is in a fiduciary of another. This is the case in the relationship between […]
An agreement signed as a result of a mutual mistake may still be enforceable
Real Estate
Dispute Resolution
Prior to jointly purchasing a building, a tenancy in common agreement was signed, under which one of the parties was granted building rights on the roof and the other was granted building rights in the storage floor. Later it was discovered that the zoning rules do not enable building concurrently on the roof and the […]
