Legal Updates

An Israeli Court may not prevent dismissal of an employee by a foreign country but may discuss compensation of such employee

April 12, 2020

A cook at the French consulate in Jerusalem contended against his employment and dismissal but the French Republic argued that Israeli Labor Court does not have jurisdiction against it.
The Labor Court held that the employee cannot sue the French Republic in Israel to cancel his dismissal or reinstate him for work but may claim compensation due to unlawful dismissal. Israeli law prescribes immunity to a foreign state from claims in Israel, but does so preclude claims by employees under the unique jurisdiction of a Regional Labor Court when the whole or part of the work was to be done in Israel and when the cause of action was established, the employee or candidate for employment was an Israeli citizen or resident of Israel or the Palestinian Authority. Even the case of the European Court of Human Rights regarding Sabah el Leil v. France dated June 29, 11 (App. No. 34865/05, IHRL 193) states that the United Nations Convention on Immunity of Foreign States and Their Assets of Jurisdiction of 2004 does not preclude a claim for compensation when it is not an employee who is closely associated with the sovereign duties of the state. Here, the employee was employed as a consulate cook, hence his work could not be deemed as related France's sovereignty and the conditions for foreign state immunity do not apply.