The 54-page decision handed down by Israel’s National Labor Court is clear, the Agudas Yisrael kindergarten network is guilty of discrimination regarding the dismissal of employees and/or worsening of working conditions of 16 veteran chareidi teachers affiliated with the network.
The decision was in response to an appeal to the court after a regional labor court ruled there was age discrimination that were in violation of labor laws as well as a violation of the Basic Law relating to one’s dignity and freedom.
The decision opens with the statement; “This addresses a difficult and complicated dispute taking place over the years, which is the crux of the matter presented to the court, pertaining to two main concepts; accusations of age discrimination in regard to the firing of teachers, veteran teachers of the network.
The second matter addresses the workplace conditions for the kindergarten teachers employed by the system classified as a “recognized non-state facility”. The question surrounds the matter of the salary and job benefits of teachers as compared to their counterparts in the state system.
The ruling addressed the age discrimination and the severity of such a practice, compromising the dignity of an older person, a violation of the law and community norms.
The court adds that since the kindergarten network enjoys the status of being independent but “recognized” by the state, eligible for and receiving state funding. As such, teachers are required to receive the same salary and benefits of their counterparts in the state system, which was not the case.
The court ruling details the names of the teachers involved in the lawsuit, stating they are all veteran employees of the kindergarten network, with a minimum of 25 years in the system, people in their 50s and 60s, some mothers of large families and one widow. For most of them, their income represents their families’ primary source of revenue. (Names on file with YWN Israel) Mrs. S.B. was employed for 43 years, Y.K. for 37 years, L.R.Y. for 39 years and so forth. Baruch Hashem, they have large families, as is commonplace in the chareidi community.
The ruling has harsh words for the kindergarten network and those who made the decisions leading to the suit. The court has instructed the defendant to pay all legal expenses of the plaintiffs, amounting to NIS 15,000, sending the case back to the district labor court to rule in the matter of compensatory damages.
(YWN – Israel Desk, Jerusalem)
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5 Responses
Ideally a Beis Din should be doing the adjudicating, and probably would have reached a similar result.
However, many of the frum Jews in Israel (wisely or not, who am I to know) decided to become part of the zionist system and to submit themselves to their courts rather than to Daas Torah.
akuperma, I asked a sheila from a posek whose you most likely know a while ago (unrelated to the story above) whether a Yid living in EY is allowed to take his case to a secular court, an action that Yiden in chutz la’aretz are not allowed to. He answered that the Yiden in EY may take their cases to a secular court.
Ha, ha, #1.
Find a Beis Din that would rule on this case..!!
Living, visiting, participating, arriving at BG airport, using buses, buying food ALL IN ISRAEL makes everyone part of the zionist system.
It is an unfortunate reality that there are no Batei Dinim today. A Beit Din that can not enforce its Pasak is not a Beit Din. They are all, at best, arbitration panels and must ultimately turn to the courts to enforce their decisions if one of the parties refused to abide by the Pasak.
In fact the only Batei Dinim that are anywhere close to having real power are those of the Israeli Rabbanut. They can issue orders to the police to enforce certain decisions. Furthermore all of the Askonim of major political groups know this and exploit the fact to oppress people. In this case kindergarten teachers!
It is not an easy decision to turn to the Israeli “justice” system for anything. Aside from any Halachic issues involved (and they are very complex) there is the fact that the system is very corrupt and subject to political influences.
Aryeh Zelasko
Beit Shemesh
The law of the land is the law. The kindergarten and Aguda are required to follow the law. They were found breaking the law. It is not the job of a beis din to determine and enforce the law of the land.
Many people hide behind frumkiet when it suits them. These are people who suffered because Aguda did not follow the law of the land; nothing to do with Zionism.