Legal Updates

‎‎‎‎‎‎‎‎Summons for a hearing must include information about intention to terminate an employee and the reasons for it

August 2, 2017

An employee executed a fixed-term employment contract, which was extended from time to time. He was invited to a conversation with his direct manager who presented him with an unsatisfactory evaluation form. Following this, the employee announced that he intends to seek another position at the employer under another manager. A few days later, the employee received a summons for a hearing, the outcome of which was the extension of the contract with him. Two years later, the employee was summoned to another hearing that mentioned the previous hearing and its background but did not specify any real reasons. After the hearing, the employee was dismissed.

The Labor Court held that the obligation to hold a hearing must be fulfilled in full. Therefore, the employer must inform the employee of the intention to dismiss him and the reasons for dismissal and give him appropriate time to prepare arguments against the dismissal intention. In our case, aside from vague reasons, the employee did not receive any information about his dismissal. The employee also did not receive any complaint regarding his performance prior to the summons for a hearing. In light of the above, the employer was ordered to pay compensation in respect of unlawful dismissal in the amount of ILS 100,000.