Court Rules Against Company Suing Ex-Accountant Over Alleged Loans

A labor court in Tel Aviv has dismissed a lawsuit filed by computer importer Mono-Mode Trade and Marketing against its former accountant, Benjamin Odani, who had worked for the company for 26 years. The company, owned by Ezekiel Dayan, claimed Odani owed them NIS 401,000 for loans allegedly given to him around 2008 to invest in Romanian real estate, with repayment due seven years later with interest. Odani, however, argued the funds were actually salary differentials and bonuses due to his increased workload and responsibilities. He claimed the money was recorded as a loan to improve the company's financial statements for bank credit and to avoid scrutiny from the tax authorities, from which he is exempt due to a permanent disability.

The court, presided over by Judge Elad Shabyon with public representatives David Ziv and Eyal Rachli, determined that employment relations between Odani and the company continued until 2013, even after Odani began issuing invoices instead of receiving payslips in 2008. Dayan himself admitted that Odani's work remained the same. The court noted that Mono-Mode is not a financial institution and did not explain the basis for lending such sums outside of employment.

Key testimony came from the company's accountant at the time, Tzvika Drucker, who stated he recorded the money as an outstanding balance, not a loan, and that a loan would have been formalized with repayment dates and interest. The court also found no signed loan documents, and Odani's repayment of smaller, documented loans contrasted with the disputed funds, which were transferred in smaller, undocumented installments. The company's lack of evidence for attempting to collect the money before filing suit in 2020, years after the alleged repayment date, further supported the ruling that it was not a loan.

Odani had also filed a counterclaim for approximately NIS 250,000, including compensation for distress and defamation, VAT reimbursement, and unpaid salary and severance pay. However, the court dismissed this claim as time-barred, as it was filed about nine years after the relationship ended in 2013. The court also stated that even on its merits, the counterclaim would have been rejected due to lack of specifics on defamation, no proof of work for July-August 2013, and the determination that Odani was not dismissed but resigned due to lack of salary and a signed agreement.

Ultimately, both the company's claim and Odani's counterclaim were fully rejected, with each party bearing their own legal costs. The company was represented by attorneys Yehuda Barmi and David Davidov.