Israeli Supreme Court Judge Urges State to Drop Criminal Case Against Young Cleaning Business Owner
Supreme Court Justice Alex Stein sharply criticized Israel's Ministry of Labor for pursuing a criminal case against a 26-year-old Jerusalem man who opened a cleaning company without the required license. The young entrepreneur had received business guidance from a state economic program but was never informed that a license was mandatory for the cleaning sector. During a hearing on the man's appeal, Justice Stein urged the Ministry to drop the charges and cancel the fine, emphasizing that the state had a duty to provide clear instructions and that the entrepreneur reasonably relied on the state's guidance. Stein stated, "He is not a legal expert; he is a simple person who followed the state's advice. If a mistake was reasonable under the circumstances, he deserves leniency."
The Ministry of Labor defended its strict policy, highlighting the importance of protecting workers' rights and the legal requirement to hold a license from the first employee. However, Stein rejected this argument, focusing on the principle that the state must bear responsibility for the guidance it provides. The case was first reported in May by Israel Hayom, revealing that the business advisor was unaware of the licensing requirement and failed to instruct the entrepreneur accordingly. The National Labor Court previously accepted the young man's claim that he did not know about the license obligation and noted he closed the business immediately after learning of the violation.
Despite this, the state pursued criminal proceedings for over five years, involving extensive legal resources including private lawyers and public defenders. The Supreme Court judges criticized the prolonged process and questioned whether the public interest justified such an extensive prosecution given the minor nature of the offense and the business closure six years earlier. They urged the state to reconsider its approach to criminal enforcement, weighing alternative measures and the broader personal, institutional, and public consequences before proceeding with prosecution.
