Injunction to Prevent Employee Termination – Is It Possible to Apply Against Termination of Your Job?
An injunction to prevent employee termination is an order by the Labor Court to maintain the continuity of the employment or even reinstate an employee who was discharged unlawfully. To meet the legal standard necessary to make an application for unlawful termination and receive an injunction, it is important to know what the law says about the matter and what proof employees are required to show so that their application is accepted. In the current article, lawyer Joshua Pex, a partner in our firm who specializes in labor law, explains all about this.
The lawyers at our firm, which has branches in Jerusalem and Tel Aviv, specialize in labor law. Our lawyers provide employees, employers, and workplaces with comprehensive legal assistance and representation. Our firm offers a wide variety of legal services related to employment contracts, prevention of employee termination, reinstatement, severance pay, labor dispute resolution, and more.
Dismissal Is Not Necessarily Final!
In the modern age, job dismissal has become a common integral part of work life. However, there are many requirements in Israeli law as to how dismissals should be conducted. For example, there must be a justifiable reason for firing an employee, a hearing is required, and other conditions mentioned in the law must be met, all in accordance with the case at hand. In certain cases, the law even explicitly prohibits employee termination – for example, when the employee is pregnant.
When an employee is unlawfully terminated, they may have good cause to apply to the Labor Court. Most employees in Israel are familiar with the right to severance pay upon termination. But few employees know that another option exists – to request an injunction preventing their dismissal or even ordering their employer to reinstate them. The law grants the Labour Court the authority to issue such orders, and below we explain how this is done.
When May an Injunction to Prevent Employee Termination Be Relevant, and How Do You Receive One?
An injunction to prevent employee termination may be relevant if the termination was unlawful; for example, if no prior notice was given in accordance with the law, or if there was no justified reason for firing the employee. The Labour Courts Law authorizes the regional labor courts to issue an injunction to prevent termination. This is similar to an injunction issued in civil lawsuits by the district court.
An injunction to prevent employee termination may require employers to maintain the employment or reinstate an employee who was discharged. An employee may apply for such an injunction to be issued as part of a lawsuit. It is important to present to the tribunal substantiated evidence proving that the termination was indeed unlawful. For example, if an improper hearing was held, the unlawful termination application must be backed up with evidence to that effect.
Is It Possible to Request a Temporary Injunction Against Termination Before Filing a Lawsuit?
Sometimes there is a need for an immediate injunction to prevent termination, and there is no time to prepare a full detailed claim. Therefore, the law allows employees to request a temporary injunction preventing termination within seven days before the lawsuit is filed with the Labor Court. When considering the request, the court will tend to issue the injunction if the employee manages to prove, inter alia, that the chances of their winning the lawsuit are high and that the damage that will be caused to them if the injunction is not issued will exceed the damage caused to the employer.
This happened, for example, in the case of Rada Natur v. Qalansuwa Municipality. This case concerned a high school principal who had already received a letter of appointment for another year in her position but, nonetheless, it was decided that she would no longer be employed. The principal requested a temporary injunction against the decision. The Tel Aviv Regional Court, which heard the request, emphasized that, in this case, the decision to discontinue the principle’s employment was not reached in a proper manner. Accordingly, it was decided that the employment relationship should be enforced in this case, and a temporary injunction was issued ordering the continuity of the principle’s employment at the school. The National Labor Court rejected an appeal that was filed against the ruling, thereby approving the temporary injunction.
Are There Other Possible Solutions Besides an Injunction Against Termination?
Sometimes, even if no injunction is issued, the court may offer alternative remedies. This happened in the case of Cohen Aviv v. Shimon Peres Negev Nuclear Research Center. In this case, the court rejected an unlawful termination application in which it was argued that the termination was done without a formal hearing. The application was rejected on the grounds that the employee was still on probation and was aware of the fact that their employment might not be extended. However, the court emphasized that a hearing was still required before the termination. The tribunal therefore ordered that the employer must hold a hearing and allow the employee to prepare for the hearing and present their arguments.
Injunction to Prevent Employee Termination – Contact Our Labour Law Experts
This article explained the various options for preventing unlawful employee dismissal, or reinstatement as a remedy. If you have any personal questions you are welcome to contact us and we will be happy to help. Our law firm specializes in labor law. The firm provides legal advice, assistance, and representation for employees and workplaces in a wide range of legal matters.
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