Lifeguard Maimon Ben Simon, an employee of the Haifa Municipality, applied to the Labor Court, as he claims that his salary was not paid in full and he did not receive the full payment for the second promotion, which he received. The court agreed with Ben Simon and determined that the municipality must pay him a second promotion supplement at the rate of 10% of his combined salary due to the promotion, which he received in 2015. In addition, he is also entitled to salary differentials and differentials to the various funds due to the promotion from May 2015 and linkage differentials and interest from October 2018 until payment In practice (half of the period from the beginning of eligibility until the filing of the claim). In addition, the municipality has to pay Ben Simon 7,000 NIS in attorney's fees and 2,000 NIS in court costs.
Ben Simon advanced in ranks and positions
The verdict described Ben Simon's career, from the moment he started working as a lifeguard on a temporary basis until he was hired as a permanent municipal employee in 2001. From 2001, Ben Simon advanced in ranks and positions. Judge Miri Shay explains in the ruling that the lawsuit deals with the interpretation of collective agreements and details the collective agreements relevant to Ben Simon and his professional progress over the years.
Judge Shay rejected the municipality's argument
The municipality claimed in the statement of defense that the lawsuit was time-barred or was greatly delayed, but Judge Shay rejected the claim. According to her, the lawsuit was formulated in May 2015, when Ben Simon was promoted to the position of station manager and since then, according to him, he deserves the additional supplement. The lawsuit was filed in April 2022, so 7 years have not passed and the cause of action has not expired.
Ben Simon's attorney, Adv. Yaniv Baruch: This ruling is good news for workers' rights
Ben Simon's attorney, attorney Yaniv Baruch said in response to the verdict: "The honorable court in a brave and reasoned ruling applied to the plaintiff - saving the interpretation of the promotion supplement in the collective agreement in accordance with its purpose, despite the opposition of the Haifa municipality, the center of local governance and the wage commissioner at the Ministry of Finance, and this is contrary to the position of the Histadrut. This ruling is good news for the rights of the workers In general, as well as to the rescuers' public in particular.'
Doron is right.
It's good that you brought the issue to the public's attention.
Shame on Haifa municipality.
Well done Michal for clarifying things
A man made good progress, he became the commander of a rescue station thanks to his skills, and the municipality and the treasurer do not want to pay him the salary increase he deserves for the promotion and the accompanying responsibility because of this, and they also claim obsolescence, disgust of the municipality and the treasurer, kudos to him for fighting for his rights, shame on the municipality She did not receive a fine on the way and had to pay only what she had to pay anyway, the so-called successful method, according to this method, she will continue not to pay workers like lifeguards as they deserve who risk their lives to save others at sea and only if they sue her in court they They will receive what they should have received in the first place, without favors and without judgments.
The municipality of Haifa must pay the employee his salary
A verdict that is not good news for anything.. Application of an individual case according to a clear collective agreement... with the advice of a lawyer..