22 companies filed a claim against the state and the Ministry of Health demanding NIS 3.3 million
Posted on Jun 16, 2021 by Ifi Reporter
A tort claim was filed in the Tel Aviv District Court today against the state and the Ministry of Health. 22 companies and employers - including Rami Levy, Home Center, Albad and Aminah - who paid sick pay to isolation workers, are suing the state for negligence and violation of property rights in the amount of NIS 3.3 million.
According to the companies, the state and the Ministry of Health acted negligently and illegally when they issued a "sweeping sick certificate" during the Corona plague. The sweeping illness certificate was approved in early February 2020, by Prof. Sigal Sadecki, who was then the head of public health services at the Ministry of Health. The certificate forced employers to pay for workers' isolation days.
In July 2020, the High Court ruled that the sweeping illness certificate should be revoked. According to the decision, the Sickness Benefit Law does not authorize the head of public health services at the Ministry of Health to issue a sweeping illness certificate to all salaried employees for fear of contracting the Corona virus. "The defendants bear the full economic and enormous burden on the employers, while evading their role in this emergency, all without a discussion and / or examination of the economic consequences and the unreasonable property damage to the employers," the lawsuit states.
According to the lawsuit, based on media reports, as of the end of September, the cost of sick pay for isolation days for employers was NIS 3 billion. The tort claim states that throughout the petition filed with the High Court in March 2020, the number of employees increased, and accordingly the amount employers were required to pay employees for isolation days increased. "We re-examined their actions as expected of them as a governmental authority and did not act to change the sweeping order, an order that cries out for its illegality," according to the lawsuit.
The tort claim states that the cancellation of the sweeping illness certificate from now on (and not retroactively) by the High Court, was done to protect the workers, so that they would not be required to reimburse employers for the cost of isolation days in the past. Legally until October 2020.
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