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![]() Shabbat Sukkot 5784P'ninat Mishpat: Unpaid Worker’s Compensation(based on ruling 81123 of the Eretz Hemdah-Gazit Rabbinical CourtsCase: The plaintiff (=pl) was, for four years, a part-time teacher, who also lived in and supervised the dormitory of the defendant (=def; refers also to its representative), a high school. Pl claims that he was underpaid in certain elements of his compensation package for a total of 37,450 NIS. Different members of def’s administration (including some who no longer work for them) discussed salary matters with pl. The present director is unsure about the merit of some of pl’s claims. Def claims that since they paid pl at a high pay scale considering pl’s credentials and seniority, that should be returned if def has to make up some payment deficiencies. [We will present specific claim elements in the ruling.] Ruling: Payment for hosting: Pl claims that he was asked one summer to oversee vacationers staying in the dormitory and was promised 3,000 NIS. He received 3,000 NIS soon thereafter, but the paystub called it a studies stipend. (Def’s rosh yeshiva (=ry) promised to help pl study towards an MA, because pl had planned to get one quickly, and def asked him to delay it in order to dedicate himself to def.) Def said that the stipend was only if pl would stay a year longer than he did. One administrator (adm1) confirms pl helped with vacationers, and ry admits he promised a stipend but does not know if def’s director approved it, as necessary. Since the paystub mentions the stipend, we can assume that the stipend was approved by def, and since adm1 admits that pl worked with vacationers, pl deserves both. Since the 3,000 NIS was only paid once, pl deserves another 3,000 NIS. 15% salary supplement for running dormitory: Pl says that he deserves this based on the collective bargaining agreement. Def says that the paystubs mention a 5% payment for “supervising the dormitory” and a 10.4% payment for “being on call” (which is the reason there is a supplement for dormitory supervisors). Beit din’s research shows that there are two different incentives – one for general “on-call” duty in counseling roles (12%) and another specifically for supervising a dormitory (15%). Def claimed that the fact that pl was given pay-level 16 should compensate. However, when def agreed to include pl in the collective agreement, that obligates in its elements, whereas level 16 impacts on a wider variety of elements. The two should not be seen as mutually exclusive. Therefore, pl deserves a 27% supplement and has received only 15.4%. Beit din’s expert calculated that this comes to 19,107 NIS. Def’s claim that pl was overpaid 40,338 NIS – There is no demonstrated connection between pl’s rights to his claim and the claim that he was overpaid. Because the money was given by def without clear conditions, they cannot demand it back even if it were true that they would not have given so much if they knew about pl’s claims (see Pitchei Choshen, Kinyanim 17:(56)). Def admits that he was not involved when the early agreements were made, and therefore there is no way to know what def had considered that pl was deserving. ![]() ![]() ![]() |
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Mr. Shmuel & Esther Shemesh z"l Sivan 17 / Av 20 Mr. Moshe Wasserzug z"l Tishrei 20 ,5781 R' Eliyahu Carmel z"l Rav Carmel's father Iyar 8 ,5776 Mrs. Sara Wengrowsky bat R’ Moshe Zev a”h. Tamuz 10 ,5774 Rav Asher & Susan Wasserteil z"l R' Meir ben Yechezkel Shraga Brachfeld z"l & Mrs. Sara Brachfeld z"l Tevet 16 ,5780 R 'Yaakov ben Abraham & Aisha and Chana bat Yaish & Simcha Sebbag, z"l Rav Yisrael Rozen z"l Rav Benzion Grossman z"l R' Abraham & Gita Klein z"l Iyar 18, /5779Av 4 Rav Moshe Zvi (Milton) Polin z"l R' Yitzchak Zev Tarshansky z"l Adar 28, 5781 Nina Moinester z"l Nechama Osna bat Yitzhak Aharon & Doba Av 30, 5781 Rabbi Dr. Jerry Hochbaum z"l Adar II 17, 5782 Mrs. Julia Koschitzky z"l Adar II 18, 5782 Mrs. Leah Meyer z"l Nisan 27, 5782 Mr. Shmuel & Rivka Brandman z"l Tevet 16 5783/ Iyar 8, 5781 R' Yitzchak Eliezer ben Avraham Mordechai Jacobson z"l Elul 15 Hemdat Yamim |