A hospital employee posted offensive nationalist remarks against the backdrop of Hamas leader Sinwar's photo. The day after the posting, the employee was summoned to a hearing scheduled for the same day and half an hour thereafter she was terminated from her job.
The Labor Court held that there was a flaw in the fact that the employer chose to conduct a hearing and dismissal from one day to the next. The employer must allow the employee to voice his arguments during the hearing and complete them afterwards. This obligation increases in relation to the severity of the accusation the employer attributes to the employee. Holding a hearing from one moment to the next and deciding to dismiss the employee immediately thereafter, without the employee being given time to complete his arguments after the hearing, may violate the employee's right to complete his claims as required before the employer's decision is made and may indicate that the proceeding was held solely for appearance, done in breach of the employer's duty to conduct it in good faith. Here, it was a dismissal proceeding that began and ended on the same day, without justification given for the urgency in which the dismissal proceeding was conducted and the consequent infringement of the employee's rights. As a result, there was a defect in the termination procedure and the employee is entitled to financial compensation.