A religious Kindergarten teacher was dismissed while in advanced stages of pregnancy and agreed to arbitrate the issue before the Rabbinical Court which granted an arbitration award. The kindergarten teacher did not agree to the award and filed a claim with the Labor Court which partially accepted the claim. The case reached the High Court of Justice after the employer argued that the existence of an arbitration award prevents the Labor Court from hearing the case.
The Supreme Court, sitting as the High Court of Justice, held that issues related to the infringement of non-dispositive employee rights cannot be arbitrated and thus the Labor Court has jurisdiction even if an arbitration was held