ISRAEL Law and Practice Contributed by: Tal Keret, Shira Lahat, Neta Goshen Brami, Shira Cohen-Mazor and Shirly Mahlab Hefetz, Arnon, Tadmor-Levy
treatments), the burden will shift to the employer to prove that they did not engage in prohibited discrimination toward the employee. Remedies If the labour court determines that unlawful discrimi - nation occurred, it may grant the following remedies: • non-pecuniary damages, such as compensation for emotional distress, based on judicial discretion and the severity of the violation; or • pecuniary damages, if the employee has demon - strated measurable financial loss. Reinstatement or an injunction to prevent termination may also be ordered, but only in exceptional cases, due to the practical challenges of enforcing continued employment relationships against the will of one or both parties. 8.3 Digitalisation Pursuant to Regulation 161 of the Civil Procedure Regulations, 2018 (the “Civil Procedure Regulations”), which applies to labour courts by virtue of Regulation 129 of the Labor Court Regulations (Procedure), 1991, court documents may be lawfully served via digital means through the official online judicial system, “Net HaMishpat”. In addition, Regulation 161 permits the service of court documents on other parties by email, and in certain cases, even by text message to a mobile phone. With respect to remote hearings, the labour courts have permitted the conduct of preliminary proceed - ings and mediation hearings via videoconferenc - ing ‒ particularly during the COVID-19 pandemic, in accordance with temporary emergency regulations enacted for that period. These practices are grounded in the courts’ inherent authority to determine proce - dural rules necessary to ensure the proper administra - tion of justice. Digital Service of Process and Remote Proceedings in Israeli Labour Courts Moreover, under Regulation 129 of the Labor Court Regulations and Regulation 72 of the Civil Procedure Regulations, witness testimony may be heard via vid -
eoconference, provided the statutory conditions for such testimony are met.
9. Dispute Resolution 9.1 Litigation Employment Forums
In Israel, there are labour courts, which are a unique judicial body specialising in labour law. This system includes: • five regional labour courts, operating throughout the country (when a claim is filed with the court located in the jurisdiction of the employee’s work - place or residence in accordance with the rules of local jurisdiction) and • the National Labor Court in Jerusalem, which serves as an appellate court and also as a court of first instance in cases involving a general collective agreement or disputes between labour organisa - tions and employers. The labour courts have exclusive authority to hear claims between an employee (or their successor) and an employer (or their successor) that are based on a labour dispute and that do not originate in the Torts Ordinance (except for cases involving trespass on real estate and movable property, breach of contract, and breach of statutory duty). In addition, there are other types of claims that the court has exclusive jurisdiction to hear, even though they are not necessarily between an employee and an employer, which are listed in Sec - tion 24 of the Labor Court Law, 1991. For example: • a claim between an employer and an employee or a job candidate or an employee whose employ - ment has already ended, which is based on negotiations for signing an employment agreement or on the employment agreement itself or on the acceptance or non-acceptance of employment; • claims between provident funds and employers or between members of the fund; • claims between parties to a special collective agreement or those who may become parties to such an agreement; • claims between a labour organisation and its mem - bers; and
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