Court Overturns Firing of Teacher Employed by Mother
A regional labor court in Tel Aviv has overturned the dismissal of a math teacher, Sarah Esther Gitel Grossman, who worked at a Haredi seminary in Bnei Brak. The court ruled that the Bnei Brak municipality, her employer, acted in bad faith and failed to explore simpler solutions than termination, such as transferring her to another educational institution.
Grossman had worked as a teacher and educator for ninth graders at the seminary for approximately 12 years, starting around 2014. During this time, her mother, Miriam Fenster, served as the institution's principal. In December 2023, Grossman was summoned for a hearing, with the notice explicitly stating no disciplinary complaints against her, only a conflict of interest due to working under her mother's management.
Grossman requested a transfer to another educational facility within the city instead of being fired, but her request was ignored. Nearly six months after the hearing, in May 2024, she received a termination letter. Evidence presented during the proceedings revealed that the municipality had simultaneously initiated termination proceedings against her mother, the principal, and was essentially waiting to see if Fenster would resign. Human resources manager Leah Shechter testified that the municipality expected Fenster's resignation and that Grossman's termination would then become unnecessary.
When questioned why Grossman was fired even after her mother's termination process began, Shechter offered unclear explanations, suggesting it might have been a mistake and admitting she had no definitive answer. The court also dismissed the municipality's later claim that Grossman was "hired in sin" (meaning she failed to disclose her relationship to the principal upon hiring), as no such disclosure was required at the time of her hiring, and Grossman had indeed informed the municipality of the familial connection in 2022.
The court noted the municipality's failure to call a former education department head, whom Grossman had previously contacted, as a witness. Ultimately, the court canceled the May 15, 2024, dismissal. If Grossman's mother leaves her position, Grossman will continue her employment. If the mother remains principal, the municipality must transfer Grossman to another institution rather than fire her. The court found the dismissal to be in bad faith, emphasizing Grossman's role as the sole provider for her four young children. The municipality was ordered to pay 10,000 shekels in legal expenses and attorney fees.