Holmes Place Gym Chain Ordered to Pay NIS 250,000 to Cleaner

A Tel Aviv Regional Labor Court has ordered the Holmes Place gym chain to pay NIS 250,000 to a cleaner and maintenance worker who was fired after approximately seven years of employment. The court ruled that despite the chain's claims that the worker was employed by an external contractor, Holmes Place acted as his direct employer and denied him his rightful social benefits.

The worker, who was employed at the chain's Givat Shmuel branch until 2023, initially worked through a contractor for his first three years. He performed complex maintenance tasks, worked long shifts, and was fully integrated into the branch's operations, receiving direct instructions from managers. His employment was abruptly terminated in April 2023 when a branch manager allegedly demanded he stop his lunch break to address a leak, and then fired him on the spot when he requested to finish his meal after extended work hours.

Holmes Place argued that the worker was not their employee, as he was not on their payroll and they did not pay him. They also claimed that the amount he actually received exceeded his agreed-upon salary and that a deduction should be made. However, the court rejected these arguments, noting that the chain could not identify the specific contracting company that employed him. Furthermore, the worker did not receive proper payslips, and there was no document detailing his employment terms. He was paid NIS 10,000 in cash, with management unaware of who issued the payment.

The court found that the worker performed his job for years at the same branch, in the same role, under the management of individuals acting on behalf of Holmes Place. Since no document indicated employment through a specific contractor, the court concluded that Holmes Place was not merely an external service provider but the worker's direct employer during the relevant period, given their indifference to his employment status and rights.

Judges Sharon Shavit Keftori and public representative Dov Past ordered the compensation for wage differentials, social benefit deprivation, overtime pay, wrongful termination, and legal expenses. They dismissed Holmes Place's claim for a salary deduction, deeming it raised too late in the legal proceedings. Holmes Place stated they are reviewing the ruling.