Legal Experts Assess Class Action Suit Potential Over Ben Gurion Airport Chaos

On Thursday, tens of thousands of passengers at Ben Gurion Airport faced severe delays and disruptions due to a labor dispute between the Israel Airports Authority management and its employees. The conflict led to halted check-ins, uncollected luggage, and closed parking lots, causing widespread flight cancellations and delays during the busy summer period. Passengers are now questioning whether they can file a class action lawsuit for damages caused by the chaos.

Attorney Arnon Grafi, a former chair of the Class Action Claims Committee and expert in the field, anticipates that some will seek approval for class action suits to challenge the system legally. He explained that the key issue is whether affected passengers have a personal claim against the responsible party and if the case fits within the types of claims allowed under the Class Actions Law, especially when the defendant is a government entity. Grafi noted that suing a governmental body is generally limited to recovering unlawfully collected fees unless the Airports Authority is considered a commercial entity charging the public, which could open the door for broader claims.

Grafi also emphasized the need to prove common factual or legal questions among the group and to identify systemic failures causing the delays. He highlighted that damages could include both financial losses, such as ticket refunds and additional expenses, and non-financial harm like distress and loss of autonomy. After gathering data, a legal review will determine if a class action is justified.

Meanwhile, attorney Eran Shoham, specializing in labor law, confirmed that the work disruptions at the airport constitute a strike, even without formal authorization from the Histadrut labor federation. He explained that coordinated work stoppages or disruptions are legally considered strikes and that the legality depends on factors such as the existence of a labor dispute, adherence to cooling-off periods, and proportionality of the strike. The Airports Authority, as the employer, has the right to seek urgent court orders to end the strike, and the Transport Minister has instructed them to do so. However, reports suggest that an agreement between the parties may be imminent, potentially averting further legal action.