Legal Updates

Even if the age of the employee was discussed not any termination of an aged employee is considered discriminatory

March 11, 2019
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The legal update was published in Afik News 280 10.04.2019

סעש (ת"א) 46012-05-16 אביחי שרון אהרוני - ארקפה ניהול בתי קפה בע"מ, בית הדין האזורי לעבודה בתל-אביב-יפו, 11.03.2019, כב' השופטת דגית ויסמן, הגב' דליה כהן נציגת ציבור עובדים, אבי אילון נציג ציבור מעסיקים

An employee worked as a coffee stand operator until he was dismissed for reasons related to the manner of carrying out his duties. As part of the hearing, the employee was told that the job he filled was suitable for young people in their early 20s while he was over 30 years old.
The Labor Court rejected the claim regarding age discrimination under the Equal Employment Opportunities Law and held that the employee was dismissed when he did not perform his work optimally. The company’s statement can be construed as a statement based on stereotypical assumptions that must be abolished, as to what positions are suitable for young people, compared to positions suitable for older people. However, in the overall context, the statements themselves do not indicate that the employee’s dismissal was due to reasons related to his age.