An employee was terminated while pregnant without her employer knowing about the pregnancy. The next day, the employer withdrew her decision, but requested that the employee be transferred to another position at the same salary. The employee refused.
The Labor Court held that the employer has the managerial prerogative to manage its enterprise as it sees fit, as long as it is taking into consideration the rights of his employees. The employer offered the employee to work in another position, which she had already done in the past, a decision within its managerial prerogative. Because the termination of the employee was made before her pregnancy was known, and because at the end of the day the employee was not terminated, the question of whether she received a hearing before the termination or whether the employee is entitled to compensation is irrelevant. The Labor Court criticized the employee who thought she could be enriched by a baseless claim by illegally exploiting the Women's Employment Law. The claim was dismissed while ordering the employee to pay the employer's attorney's fees as well as legal expenses.