Israeli Labor Court Orders DHL to Reinstate Employee Fired Over Board Games Dispute
The Tel Aviv Regional Labor Court has ruled that DHL must immediately reinstate an employee who was fired after taking two board games from the company without permission. The court found the dismissal disproportionate and suggested the firing was linked to the employee’s role as a union committee member involved in recent collective bargaining.
The dispute arose when the employee took two board games distributed to staff for Family Day. He claimed he intended to return them to Human Resources, but DHL viewed this as a serious breach of trust justifying termination. The Histadrut labor union, representing DHL workers, argued the employee found the games abandoned and planned to return them later but forgot due to personal circumstances. They emphasized his clean disciplinary record over nearly seven years and alleged the company exaggerated the incident to target him because of his union activism.
DHL denied any connection between the firing and the employee’s union role, stating he took company property without reporting it and gave inconsistent explanations during the investigation. The company said this caused a "severe trust crisis," especially given his sensitive position with access to information and systems. They stressed the decision was based solely on objective grounds and that union membership does not grant immunity from disciplinary action.
Judge Karin Lieber Levin ruled that the union had shown the balance of convenience favored reinstatement. While the employee erred in judgment by taking the games and not reporting immediately, there was no proof of intent to steal. The court deemed the company’s response excessive given his long tenure without prior issues. The timing of the firing amid labor disputes and the absence of similar cases against other employees suggested the dismissal was influenced by his union activities. The court ordered DHL to reinstate the employee immediately and pay full back wages and benefits from the date he was placed on forced leave.
Labor law expert Attorney Dafna Shmuelovitz commented that employers facing initial union organizing must adopt a tolerant approach toward minor misconduct by union members. The court scrutinizes employer actions closely in such contexts, and even justified dismissals send a chilling message to workers. She advised measured disciplinary steps and warnings before escalating sanctions against union representatives, warning that abusing union status will eventually lead to dismissal.
