Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA long-term engagement by itself does not make the contractor an employee
Labor Law and Immigration
Dispute Resolution
A person provided gas infrastructure installation services to a company for about 30 years, including through a company he held but upon termination of the services by the company contended to have been entitled to social rights as he actually served as a company employee and not a self-employed contractor. The Labor Court held that […]
When a particular term is not defined in an agreement, previous agreements may be used to complete its definition
Commercial, Banking and Financial
Taxation and Government Incentives and Funding
Dispute Resolution
In 2006 a company hired the services of an attorney to represent it before the tax authorities in a real estate transaction. However, the company sought to pay only for the legal opinion which was used as the base for the tax relief, and not for the actual relief. In 2014, a settlement agreement was […]
A single short-term oppression action in a company will not be sufficient for a claim of oppression of minority
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder who inherited the shares in the company from her husband contended oppression of the minority due to lack of access to information about the company and restriction of her access to the company’s manager to short thirty-to-forty-minute monthly conversation. The Court held that while the restriction on meetings with the CEO is problematic, […]
Substantial discrepancies in the tender documents justify the cancellation of a tender and the publication of a new tender
Public Law, Environment and Tenders
Dispute Resolution
The Israel Electric Corporation (IEC) published a tender for transporting cargo in a freight vehicle, which included significant discrepancies between the tender documents and the technical specifications of the tender. The Supreme Court held the tender is to be canceled and a new tender is to be published. As long as the deadline for submitting […]
A manager in a corporation illegally employing foreign workers may be personally liable
Labor Law and Immigration
Business, Corporate and Joint Ventures
Dispute Resolution
A company employed foreign workers in violation of the law. The Court held that the company is guilty of employing foreign workers without a permit but acquitted the company manager. A manager of a company must act in every possible way to prevent offenses by the company or its employees, including providing adequate instructions in […]
A parent may vaccinate a minor against Covid-19 even without considering the minor’s opinion and without the consent of the other parent
Parentage, Surrogacy and Adoption
Dispute Resolution
Parents of three children aged 6, 8 and 10 argued whether to vaccinate their minor children against Covid-19, when the mother sought to vaccinate them, and the father objected it, arguing that the Ministry of Health’s recommendation to vaccinate children is unreliable. The Court held that the mother may vaccinate her minor children even without […]
“Good” trouble – on juggling two stock exchanges
Capital Markets and Stock Exchange Regulations
It was the Israeli Securities Authority that hurried to act to cancel the erroneous Tel Aviv Court holding given in May, 2021, which applied the Israeli rules to an Israeli company also traded on the Nasdaq. It seems that the Israeli Securities Authority too understands that that is clear to many Israeli companies choosing to […]
