An employee demanded compensation from the employer who dismissed her while she was pregnant. The employer dismissed her for professional reasons and economic difficulties during the war period. The employee revealed to the employer that she is pregnant only a day after the hearing and did not present proof thereof.
The Labor Court found that the employee was duly dismissed. Generally, the Israeli Employment of Women Law prohibits the dismissal of a pregnant employee without a permit. However, the law requires conduct in good faith on the part of the employee. A verbal statement that a woman is pregnant is not sufficient to establish an automatic obligation on the employer and she must present a medical certificate. An employer cannot be considered as one who acted contrary to the law if, at the time of making the dismissal decision, it did not know about the pregnancy at all due to its intentional concealment by the employee. Here, the employee acted in bad faith. She knew she was pregnant prior to the hearing, but chose to remain silent during the hearing. Only the next day, upon realizing she was being dismissed, did she inform the employer of the pregnancy with the aim of thwarting the dismissal, and did not even bother to present a medical certificate. Therefore, the employee was duly dismissed and is not entitled to compensation.