Representation of Gold Bond Group in Petition to the Supreme Court Against the Employment Tribunal’s Jurisdiction

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Joseph Benkel, Nir Shamri, and Aviv Sheizaf successfully represented the Gold Bond Group in a petition to the Supreme Court, challenging the jurisdiction of the National Labor Court. The core legal issue: whether the COVID-19 temporary provisions (the “Emergency Regulations”) apply to civil tort claims filed in the labor courts, even when the plaintiff is not an employee or party to an employment relationship.

The underlying case involved a claim filed by Orda Print against Gold Bond for damage caused to printing equipment stored in their facility in Mipo. The damage allegedly occurred while the machine was being moved for a third party—Marsk Company. Gold Bond argued that liability for the damage lies with Marsk. In response, Marsk filed a third-party notice, alleging that Gold Bond bore at least partial responsibility.

The Labor Court initially ruled in favor of Marsk, deciding that the Emergency Regulations also apply to third-party claims and dismissed Gold Bond’s request for summary dismissal. The Supreme Court overturned this ruling, accepted Gold Bond’s arguments, and held that the Emergency Regulations do not apply to claims between third parties who are not involved in employment relationships or labor disputes.

The Supreme Court emphasized that this is a significant and precedent-setting decision with respect to the interpretation of emergency legal frameworks in civil contexts.

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