A Jerusalem regional labor court has ruled that Watzef Brada'iya, a local resident who worked for approximately 16 years as a security guard at the Gush Etzion industrial park, was an employee of the Gush Etzion Development Company, even though his salary was transferred through security companies.
In the ruling issued Tuesday, the company was ordered to pay him 132,060 shekels (approximately $38,000), plus 11,000 shekels in legal costs and attorney's fees.
Brada'iya claimed he worked at the industrial park from February 2007 until his dismissal in February 2023. According to his testimony, he worked seven days a week in long shifts and received a monthly salary of 3,500 shekels in cash, without any social benefits. He further claimed he was fired immediately, without advance notice and without a hearing.
The Gush Etzion Development Company denied that an employer-employee relationship existed between it and Brada'iya. According to the company, he was employed through security companies, and later through a subcontractor. The company also claimed his presence on site was related to a 2009 break-in incident and to a payment meant, it argued, to ensure "industrial peace." The labor court rejected this claim after determining it was not supported by evidence.
In its ruling, the court noted that the company did not present sufficient agreements or documents indicating a contractual relationship with security companies for the plaintiff's employment. Additionally, it did not present adequate documentation of payments transferred to the companies or evidence showing how he was actually employed over the years.
The judges determined that under these circumstances, the burden shifted to the company to prove that the security companies were his authentic and legitimate employers, but it failed to meet this burden.
The court examined, among other factors, who hired the employee, who determined his salary conditions, who supervised him, and who had the authority to terminate his employment. It was determined that company representatives were involved in hiring him, gave him instructions, and supervised his work. Additionally, the security officer on behalf of the company was the one who informed him he had to leave the park premises.
"After examining all the circumstances of the matter," the court ruled, "we reached the conclusion that an employer-employee relationship exists between the plaintiff and the defendant."
The court determined that Brada'iya was fired by the company, and that the dismissal was carried out without advance notice and without a proper hearing. The company's claim that there was a security impediment related to the plaintiff's son was raised only during the evidentiary hearing and was not supported by evidence, and was therefore rejected.
Taking into account his extended employment period and the fact that the dismissal forced him and his family to vacate their residence on the park grounds, he was awarded 20,000 shekels for lack of a hearing and wrongful dismissal, as well as 3,500 shekels for lack of advance notice.
However, the court did not accept all of the plaintiff's claims regarding the scope of working hours. Brada'iya claimed he worked hundreds of hours per month, including long night shifts and weekends. The court determined it was not proven that he was required to be awake and active throughout all shift hours.
According to the ruling, a significant portion of the time the plaintiff spent on the park grounds was while residing there with his family, and he was available for calls as needed. It was further determined that his activity was limited, that he was not required to conduct patrols or stand at the gate throughout the entire shift, and that he was permitted to find replacements.
Therefore, the court ruled that part of the time should be viewed as standby or on-call hours, not working hours entitling full hourly wages. His social benefits were calculated according to the monthly salary of 3,500 shekels and a 66% position scope.
The court ordered the Gush Etzion Development Company to pay the plaintiff: severance pay: 56,000 shekels; lack of advance notice: 3,500 shekels; lack of hearing and wrongful dismissal: 20,000 shekels; annual vacation redemption: 11,762 shekels; recuperation pay: 13,097 shekels; compensation for failure to provide pay slips: 10,000 shekels; pension deposits: 17,701 shekels. Total: 132,060 shekels.
Additionally, 1,000 shekels in court costs and 10,000 shekels in attorney's fees were awarded. The amounts must be paid within 30 days of receiving the ruling, and if not paid on time, will bear shekel interest from the date of the ruling until actual payment.
The court also rejected the company's demand to deduct 210,000 shekels for housing provided to the plaintiff and his family. It was determined that the company did not prove the value of the housing, and no explicit agreement was presented stating that the apartment cost constituted part of the employee's salary.
The ruling was issued in the absence of the parties, and the parties have the right to appeal to the National Labor Court within 30 days of its delivery.
