Restraining order against Zmora Local Committee; Canceled in violation of the law of winning an engineer in the tender
Another Doron Afik
Rolando Reiter, an architect and urban planner was required by the local committee to resign from his existing job and give up on major projects he had advised to start work immediately, and so he did; 60 days later, and after having already started work, the committee decided to appoint the person ranked second in the tender. 6/1/11, 17:28
The Labor Court for the Zmora Local Committee: The committee's engineer's office may not be permanently staffed until a decision is filed in the lawsuit filed by Engineer Reiter.
The Tel Aviv Labor Court today accepted the application for a restraining order filed by the Afik Turgeman office on behalf of engineer Rolando Reiter against the local planning and construction committee Zmora after the latter illegally canceled the engineer's winning the tender.
The lawsuit filed by attorneys Doron Afik, Rina Turgeman, Yair Alani and Iyad Jubran of the Afik Turgeman firm shows the local committee's misconduct after nearly two months from the date of his victory and after he began working for the committee.
During this period, the chairman of the committee asked to wait for the signing of the employment agreement until a new chairman of the committee took office. At the end of December, after the Attorney General of the Ministry of the Interior ruled that there was no legal impediment to the appointment, the committee decided to bypass the decision of the examination committee and appoint the one ranked second in the tender.
The letter of claim and request for temporary relief states that Reiter, an architect and urban planner with many years of experience in managing, consulting and promoting projects in the field of infrastructure, construction and construction in the municipal, government and private public sector is required by the local committee to resign from his existing job and give up large projects. Immediate in his work, and so he did.
Only after about 60 days in which Reiter suffered irreparable damage did the committee arbitrarily decide to reverse its previous decision that Reiter was the winner of the tender for the position of committee engineer and worse, to choose the winner in second place in the tender, to fill the position.
The minutes of the decision show that the committee understood the legal problems as it determined that the other winner should be required to sign a temporary agreement and is conditional on a judicial decision as a condition for starting his employment.
Lawyer Rina Lapidot, a partner in Afik Turgeman's firm, said: "This is illegal conduct. The courts have repeatedly ruled in the past that only the examination committee appointed by the Ministry of the Interior is authorized to change its decisions and not the body that issued the tender. "The committee considered erroneous considerations regarding the cancellation of Reiter's win in the tender and when it did not find a legal way out, it simply chose to notify him of the cancellation of his win."
Lawyer Doron Afik, a partner in Afik Turgeman's firm, said, "The court actually accepted our request for a restraining order and an urgent hearing in the case. The local committee's decision is illegal, unreasonable, and violates freedom of occupation and equality, causing financial damage to hundreds of thousands of shekels Reiter ".