A company may fire a disabled employee based on legitimate considerations

November 1, 2018
The legal update was published in Afik News 271 05.12.2018

סע"ש (נצ') 38121-02-18 שלום (שולי) רוזנברג נ' גיוון אימג'ינג בע"מ, בית הדין האזורי לעבודה בנצרת, 01.11.2018, כב' השופטת אורית יעקבס

An employee with a significant medical disability, which did not affect his work, worked as a security officer of a company. It was decided to cancel the security officer position and because there were no other relevant positions for the employee in the company, the employee was called for a hearing, after which it was decided to terminate his employment.

The Labor Court rejected the employee’s demand for compensation and held that the Equal Rights for Persons with Disabilities Law, which applies the Equal Employment Opportunities Law, sets that in the event of dismissal, the employee ought to prove that there was no reason for his dismissal deriving from his conduct or actions. To the extent that the employee met this burden, the burden of prove shifts and now the employer will have to show that he did not discriminate the employee in his decision to dismiss him. The company’s decision to cancel the security officer position and to terminate the employee’s employment was made after consideration and for legitimate and expedient considerations, after the employee was given an opportunity to present his arguments, and with the exception of the defect in the dismissal process, under which the fact that the employee was disabled was not considered, the process of dismissal was duly made.  Thus, the employer did not discriminate against the employee in violation of the Equal Rights for Persons with Disabilities Law.