Recently claims of three employees from the Foreign Office (who were assistants to the security officer of El Al at the airport in Milan, Italy) reached the Local Labor Court. The three employees had sent a letter of complaint against the security officer and in that letter sought to warn of alleged dangerous behavior on such officer's part. The said dangerous behavior included, according to their allegations, security violations and sexual harassment, infringements of procedures as well as unethical and unprofessional behavior. After the letter had been sent, the employees were dismissed and so they filed a claim in respect with the labor court claiming that they had not not given the chance to review the report which had been prepared following their letter of complaint and therefore they had not been able to prepare for the hearing (which was held ahead of their dismissal). It was also claimed they had also been prevented from being represented by a lawyer at the hearing.
The court found in favor of the plaintiff employees. In the judgment the judge, after reviewing the chain of events, decided that there had been something of substance in the complaints which the employees had brought against the security officer and that he trusted their testimony. Accordingly, he decided that the plaintiffs fell with the framework of the Protection of Employees (Exposure of Offences of Unethical Conduct and Improper Administration) Law, 5756 – 1997 and so awarded each of them damages in an amount of NIS 50,000.
The court also decided that there had been a substantial defect in the hearing procedure, since the employees had not been provided with the report which had been prepared following on their letter of complaint, and this defect had damaged their right to defend themselves at that hearing. Moreover, according to the evidence which the court had examined, it was found that the letter of complaint had been correct in principle and had led to the replacement of the said security officer. Therefore, the factual foundation for the decision to dismiss the employees had been erroneous and baseless. In addition, the employees had not been informed of their right to consult with a lawyer and bring him to the hearing as is customary. In respect of these defects in the hearing process the court awarded to each of the employees compensation of 12 months' salary, namely some NIS 150,000 per plaintiff. In addition, the court also awarded legal costs and compensation for loss of earnings for the period through to the expiration of the term of the original employment agreement. In aggregate, an amount of NIS 730,000 was awarded against the employer.
Reference: Labor Claim (Jerusalem) 53691-05-13 Sharvit v the Foreign Ministry/the Head Office Government Offices (the Local Labor Court in Jerusalem before His Honor the President of the Court, Eyal Avrahami), 23.11.2016
