Practice Area
Employment Law in Football
Context
A football referee was moved from the national league to regional leagues. The referee alleged the move was motivated by considerations related to his weight, and sued the Football Association.
Legal Issue
Whether considerations relating to an employee's weight can amount to unlawful discrimination under the Equal Employment Opportunities Law, and the duty of good faith owed by an employer in employment decisions.
Role
Representation of the Israel Football Association in the proceeding.
Outcome
The Regional Labor Court dismissed the claim. On appeal, the National Labor Court, headed by Judge Leah Glicksman, reversed that decision, held that the Association had breached its duty of good faith in its considerations, and awarded the claimant 40,000 NIS in damages.
Significance
The appellate ruling is considered precedent-setting in recognizing that weight-related considerations may be an unlawful factor in employment decisions, and illustrates complex, long-running litigation over employment status in professional football.