Case Number
HCJ 113/57
Date Decided
1-30-1958
Decision Type
Original
Document Type
Full Opinion
Abstract
The petitioner was-the senior social worker in her particular field and had been in the service of the Akko Municipality since 1949, except for a short interval when she was abroad on a special training course. As a member of a minority group, she was mainly concerned with Arab residents. Owing to the National Insurance Law and substantial administrative changes in providing municipal assistance to needy people, she had been put on part-time work in October 1956. Her final dismissal in March 1957 was effected by the Council approving a prior resolution of the Executive Committee abolishing the post of social worker among the minorities. The petitioner sought to impeach (a) the Council's resolution on the ground that die agenda of the meeting at which it was considered did not contain any express notice of the question of her dismissal, contrary to law, but a mere reference to the proposed approval of the resolution of the Executive Committee, a copy of which had been attached; (b) the dismissal on the grounds that it had not been approved, as required, by the District Officer until after commencement of proceedings; (c) the reason for dismissal as being inaccurate and dishonest, since the Mayor had applied to the Ministry of Social Welfare for a suitable replacement. The Mayor's application to the Ministry was admitted by the respondents with the explanation that it had not been pursued owing to budgetary restrictions, although it was intended to appoint a communal, as distinct from a social worker, for which appointment the petitioner could apply. It was also admitted that the Municipality was party to a collective labour agreement under which the rule of "first in-last out" applied. In evidence it was established that the petitioner, in addition to Arabic, spoke French and English and had some knowledge of Hebrew, which would enable her to work with others than members of her own community. Since the proceedings had commenced, a question in the Knesset had elicited a reply which contradicted the submissions of the Municipality.
Held: The resolution dismissing the petitioner was invalid.
Keywords
Labor
