The Deputy President of the Beersheba Regional Labor Court, Judge Zvi Frankel, ruled in a ruling that the rabbi of the Omer settlement, Rabbi Yosef Simcha Ginsburg, is entitled to the salary of a city rabbi despite the opposition of the Ministry of Religious Affairs.
Rabbi Ginzburg has served as the rabbi of the town of Omer since 1975. In 2016, the Labor Court in Be'er Sheva ruled that, in light of the regulations of city rabbis, the rabbi of Omer should be recognized as the city rabbi.
The state appealed to the National Court, but its appeal was rejected.
Despite the courts' determinations that the rabbi is a city rabbi, the state refused to pay his salary according to the salary tables for city rabbis, since Baomer does not have a religious council and it claims that the salary tables determine the salary of a city rabbi only for a rabbi serving in a city that has a religious council.
The Deputy President of the Beersheba Labor Court, Judge Zvi Frankel, ruled this week that the salary of the local rabbi, who was recognized by the National Court as a city rabbi, must be paid according to the salary tables for city rabbis.
Judge Frankel ruled that the state had to prove how the work of a city rabbi in a city without a religious council differs from that of a city rabbi in a city with a religious council - and the state did not prove that there is a difference between his duties and therefore his salary should be paid as a city rabbi.
The ruling states in Section 18:
""It is the duty of an employer, let alone a public employer, especially in the absence of a collective agreement, to clearly define the employee's role, the terms of his employment, including his salary and all associated conditions. ...The National Court ruled that the plaintiff, a city mayor, had the state to prove his working conditions. The state did not present evidence on this, despite what is stated in section 32 of the National Court's ruling. The state did not meet the burden of proof stipulated in section 5A of the Notice to Employees Law..""
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