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).