Israeli Court Orders Employer to Pay NIS 49,570 for Unlawful Dismissal

An Israeli labor court has ordered D.L. Or Vehicle Services to pay former branch manager Eden Simon Candinov NIS 49,570 in compensation, plus NIS 10,000 in legal costs. The ruling, issued on October 12, 2024, by the Regional Labor Court in Tel Aviv, found that Candinov was dismissed unlawfully. He received a WhatsApp message on May 26, 2024, containing a summons for a hearing dated May 9 and a termination letter dated May 13. At the time, Candinov had been on sick leave since May 20.

The court determined that the documents were not delivered on the dates indicated and that Candinov was fired in violation of the Sick Pay Law and without a genuine hearing. Candinov, who began working for the car services company in July 2023 at a salary of NIS 16,000 per month, had sued for wrongful dismissal, recovery of a deduction from his final salary, severance pay, notice pay, and compensation for not receiving written terms of employment. He alleged the summons and termination letter were "forged and sent to him retroactively."

The company claimed Candinov was summoned for a hearing on May 9, the hearing took place the next day, and the termination letter was given to him on May 13, a week before he fell ill. They also asserted he had requested to leave due to exhaustion and working privately. However, the court found no evidence to support these claims, noting the absence of emails, correspondence, or delivery confirmations prior to May 20, and that a company representative admitted no hearing minutes were taken.

The court emphasized that employers must provide employees with a "fair, real, and effective opportunity" to present their case before a decision is made, including detailing reasons, providing adequate preparation time, and considering the employee's response openly. This obligation stems from the duty of good faith in employment relations. The court rejected the company's claim that Candinov sought to resign, as it contradicted their own account of holding a hearing and issuing a termination letter.

Furthermore, the court ruled that the company unlawfully deducted NIS 4,300 from Candinov's final salary, which they claimed was for a professional course. No signed agreement, correspondence, or invoice was presented to prove the cost or Candinov's alleged commitment to work for four years or repay the expense. The court stated the company was not entitled to make a unilateral deduction. The company was also ordered to pay NIS 2,737 in severance pay and NIS 8,533 for 16 days of notice, as the company failed to prove these were already paid or that a technical error occurred. Candinov was awarded NIS 2,000 for not receiving written employment terms, as he was aware of the main conditions and no significant damage was proven.