Ashkelon Economic Company to Pay $33,000 to Fired Employee

The Ashkelon Economic Company, owned by the municipality, has been ordered to pay NIS 120,000 (approximately $33,000) in compensation to a former employee, Benjamin Shilian, who was dismissed due to his medical condition. Shilian, who served as the technical manager of the municipal cultural center since 1998, experienced a worsening of his health starting in 2019. Following medical evaluations in May 2020 and October 2021, it was determined that Shilian could return to office work with limitations on physical exertion. Despite this, the court found that the company failed to adequately accommodate his condition and make necessary adjustments to his role, as required by law.

The National Labor Court ruled that the company did not fulfill its obligations to discuss and redefine Shilian's duties in light of his medical restrictions. Instead, the company vaguely claimed adjustments were made, while in practice, some of his authorities remained with another manager, a situation the court noted was implicitly acknowledged as stemming from his medical status. The court emphasized that the company could not unilaterally redefine the employee's role based on his medical absences or perceived performance issues without adhering to legal procedures for accommodating individuals with disabilities.

The court concluded that the Ashkelon Economic Company acted in bad faith and violated the Equal Rights for Persons with Disabilities Law, causing Shilian distress during a difficult medical period and ultimately leading to his termination. The company was also ordered to pay NIS 20,000 in legal expenses. While the majority ruled for NIS 120,000 in compensation, two judges suggested NIS 25,000 for procedural flaws in his dismissal.