A professional worker is dismissed after 14 years of dedicated service to a Jewish mossad on the basis of irregularities which according to the human resources manager occurred but if the worker were to agree to a mutual termination, the matter would be dropped.The irregularities would ONLY be disclosed if the worker would not accept the condition of voluntary separation and disciplinary charges were to be brought against him.The worker owing to a health problem(he had a week before been discharged from hospital after undergoing stent insertions – cardiac problem-) and was not in a condition to argue and had been taken by surprise accepted the voluntary separation and departed as requested.
After much aggravation and being challenged by family and friends,negotiations were entered into to try and get a reasonable settlement from the Mossad.
The domestic laws of this country provide for 2 years full salary in the case of an unfair dismissal and reinstatement not being acceptable to the parties.
On the information available, it would appear that the dismissal was unjust and unfair and accepted under duress.
Negotiations and meetings have taken place and after much inquiry by myself, it appears that the employee may be treated halachically as a “po’el batul”.
What compensation is such a worker entitled to?
With much gratitude in anticipation of your reply,
Answer:
Waiving a person’s rights is considered like giving a gift, and therefore, if the person in question was pressured into waiving his rights, there is room to nullify the waiver. However, this depends on the cirsumstances, and a qualified Beis Din will have to decide on the matter.
Leaving aside the question of the waiver, if a dismissal does not violate a contract, the worker does not have any speacial halachic right to claim compensation.
However, a worker is generally entitled to the compensation given him to the Law of the Land, which receives validity in Torah law based on the custom.
Because of the issue of the waiver, and possible misclarity over the “unfairness” of the dismissal, it will certainly be best to reach some kind of pesharah (compromise) between the parties.
I hope that you will be able to bring the conflict to its best possible resolution.
