Court Overturns Unemployment Agency Decision for Woman Denied Benefits Due to System Error
Translated & summarized from Davar by baba
The Regional Labor Court in Tel Aviv ruled in favor of a job seeker denied unemployment benefits due to a malfunctioning check-in device at the Petah Tikva employment office in December 2024. The court accepted her appeal, citing sufficient evidence of her attendance despite the system error. The Employment Service plans to appeal the decision.
The story in 6 lines · by baba
- A Regional Labor Court accepted a job seeker's appeal for unemployment benefits denied due to a system error.
- The claimant proved she attended the Petah Tikva employment office in December 2024 despite no record.
- Judge Tomer Silora cited receipts, consistent testimony, and efforts to get security footage as key evidence.
- The Employment Service had initially rejected her claim, citing a lack of biometric registration.
- The court found the claimant's attendance probable, overturning the Employment Service's appeals committee.
- The Employment Service stated it respects the ruling but will file an appeal.
The Regional Labor Court in Tel Aviv has accepted an appeal from a job seeker who was denied unemployment benefits after a registration malfunction at the employment office. The claimant stated she appeared at the employment office in Petah Tikva in December 2024, but the biometric check-in device failed to record her attendance. Judge Tomer Silora ruled that the evidence presented, including parking and cafe receipts, her consistent testimony, and her efforts to obtain security footage, was sufficient to support her claim.
The woman arrived at the employment office with her son on December 8, 2024, and was directed to a check-in station. She was told by an employee that everything was in order and she could leave. However, about a month later, she discovered her attendance was not registered, and she did not receive unemployment benefits for that month.
The Employment Service had rejected her claim, citing a lack of biometric registration in its systems. An internal review found no malfunction with the device, and the service argued that check-in data should be recorded when the machine issues a slip. The service's appeals committee also dismissed her claim, stating that while receipts showed she was near the office, they did not prove she entered and checked in.
Represented by attorney Yinon Tamari from the Legal Aid department of the Ministry of Justice, the job seeker appealed to the labor court. She submitted parking receipts, a receipt from a cafe opposite the employment office, a diary entry, and her son's school absence record. She also presented evidence of her unsuccessful attempts to obtain security footage.
Judge Silora deemed this an exceptional case warranting intervention in the appeals committee's decision. He noted that even the committee acknowledged she was in the vicinity but underestimated the evidence of her check-in. The judge found it improbable that she would travel to the city center with her son, visit a nearby cafe, and yet fail to check in, especially given her subsequent efforts to secure security footage.
The court accepted her appeal based on the balance of probabilities, considering her evidence, her apparent good faith, and the consistency of her account. The judge noted this was a temporary period of unemployment as she has since found work. The Employment Service stated it respects the ruling but believes it is mistaken and will file an appeal.
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