קישור לפסק הדין המלא
מקרה אחר שבו נחשפה השיטה הנקוטה ברפא"ל
RAFAEL is deserved condemnation and in no way it may justify its behavior, deceiving an employee to think that his request was pending, while in fact they had concocted to deny him anyway. This is what the Israeli Supreme Court ruled in a case of appeal by an employee who was dismissed from RAFAEL and was ineligible to obtain pension from the State (as a retired Civil Servant), because he had not requested timely to merge terms of a special contract with a term of his nomination.
Reference is made to Mr. , who was fired by RAFAEL in February 1990 (at age of forty two). Discharged was excused by reduction of stuff. In order to be eligible for a lifetime pension should have worked at least ten years nominated as a Civil Servant. however worked only nine years as a Civil Servant following initial four years under terms of a special contract. Therefore, he asked the Civil Service Commissioner and the Chief of State Pension to add these terms. They replied him he might have granted such request only within a year after he was nominated as a Civil Servant.
lost his lawsuits at the Regional Labor Court (Tel-Aviv) and his appeal before the National Labor Court (Jerusalem). Therefore he petitioned before the Supreme Court, (represented by Attorney Yaacov Hisdai) against the National Labor Court, the Civil Service Commissioner and the Chief of State Pension (all of them were represented by Attorney Dalit Gilo from the State Attorney).
The Supreme Court denied 's appeal, but severely criticized RAFAEL's management. In his Appeal pleads that RAFAEL acted in bad faith, by deciding in advance to deny his request to add these terms. They had intentionally withheld information concealed from him and from the Labor Court.
The Supreme Court granted to show (despite the objection of the State) that in the last hearing session at the Regional Labor Court, RAFAEL's representative appeared with 's personal file. Previously he had been denied to see it. The Labor Court ordered the State to show his personal file. Consequently discovered that RAFAEL's management and State Civil Service had plotted to deny his eligibility to get pension whatsoever. They knew he was aware to the formal regulations and that he presumed that his request would be granted, writes Judge Matza in his verdict. (Translator's note: almost all Civil Servants who request to merge terms are granted to do so, regardless of the formal regulations. I, for example, was granted to merge terms after fifteen years - D.T.)
The Court remarked that there was no justification whatsoever to deceive an employee to think his request might be granted, while in fact it had been decided to deny. (Israeli Supreme Court Case 2330/95).
Published in Ha`aretz © December 22, 1997
See another article in Ha`aretz©, June 30, 1997 :