Legal Updates

An employer may call to a factual hearing an employee who is a member of an employees organization in the workplace

August 12, 2021

The Soreq Nuclear Research Facility summoned ten employees, five of which are managers of the employees organization for inquiry after it was revealed that they distributed a classified document concerning employment terms.

The Labor Court held that the employer was entitled to call the employees to the hearing as the inquiry does not constitute a violation of the employees' freedom of association. Employees’ freedom of association in their workplace is a fundamental right which is ought to be protected in a manner that prohibits an employer from violating, directly or indirectly, their right to freedom of association. As a result, an employer may not harm an employee, nor his employment terms, because he chooses to be a member of an employees organization. Here, the employer’s decision to summon the employees which he believed had infiltrated a classified folder was reasonable under the circumstances, especially as there was no distinction between employees which were organization managers and employees who were not. Thus, the employer did not harm the employees' employment conditions or put pressure on them due to their organizational activities, and their freedom of association was not violated.