.png)
This article was written by Attorney Roni Weissblat, Partner and Head of the Labor Law Department.
Even in workplaces that are managed professionally and properly, tensions may develop between employees and employers, and at times, these tensions evolve into labor disputes and even complex and costly legal claims. Many of these disputes donot arise in a single day, but rather develop gradually, and sometimes it is possible to prevent their escalation through proper handling already at the initial stages.
In my experience, a large portion of labor disputes do not have to reach the Labor Court at all, and in many cases, escalation can be prevented at early stages through proper management of the employment relationship and careful handling of disagreements. Sometimes the issue also lies in documents drafted hastily orwithout appropriate legal guidance - and in recent years even while using artificial intelligence tools - for example: notices summoning an employee to ahearing or termination letters, drafted in a manner that may create unnecessary tension or defects in the process.
In this article, we will address the main reasons for labor disputes and present practical tools that will help employers reduce disagreements and prevent deterioration into legal proceedings, and if a dispute has already arisen or aclaim has been filed - how to act and handle the situation in an efficient,correct, and effective manner.
The Main Reasons for Labor Disputes
- Lack of Clarity Regarding the Terms of Employment
Employers and employees may find themselves in dispute regarding working hours, vacationdays, salary, payment for overtime, or any other entitlement, minor or major.Unclear drafting of the terms of employment or a lack of prior expectationalignment between the parties may lead to tensions and disputes that could have been avoided from the outset.
- Unlawful Termination
When an employee is dismissed without a proper process, without being afforded theright to a hearing, or contrary to the provisions of the law, the employee may feel wronged and turn to legal proceedings. These situations are a common source of labor disputes between employees and employers.
The law allows an employer to terminate an employee’s employment; however, the employer must do so in compliance with legal requirements and with the rules applicable to the termination process as established in the case law of the Labor Courts. In practice, many disputes stem from employers’ lack of awareness of theserules, and of the requirements relating to the conduct of the hearing and the preliminary stages preceding it, such as - selecting the grounds for the hearing, the manner of drafting the notice summoning the employee to a hearingand choosing the correct procedure. These rules change and are updated from time to time in case law. |
Even in very recent case law, it has been emphasized that an invitation to a hearing is notintended to serve as a “reprimand letter,” but rather as a substantive and respectful document, intended to set out the allegations against the employeeclearly and sufficiently, so that the employee can properly prepare and respondto them. For example, in the judgment in Rimona Akiva v. the Religious Councilof Rishon LeZion (Labor Appeal (National) 52013-04-23, dated January 19, 2026),the National Labor Court criticized the wording of the hearing notice sent to the employee, and held that an invitation to a hearing should reflect thefacts, present the reasons for which termination is being considered, andspecify the allegations concretely, while maintaining a substantive and respectful wording that enables the employee to defend herself effectively.
In this context, it may also be added that the use of technological tools for draftinglegal documents, including artificial intelligence tools (AI), requires cautionand legal oversight. For example from my experience - an employer approached me after sending an employee a hearing notice that was drafted using an artificial intelligence tool, and upon reviewing the document it became apparent that the wording created the impression that the decision had already been made inadvance and even included an internal contradiction between parts of the document. This case illustrates how critical is an accurate drafting of the hearing notice as part of the process, and that the use of technological tools does not replace a professional legal review of the document.
In addition,only recently, on February 22, 2026, a judgment was issued by the National Labor Court (Labor Appeal (National) 65439-10-25 Municipality of Ashdod v.Barda), in which it was emphasized that “lack of suitability” dismissals must not be used to circumvent the disciplinary track established by law. It wasfurther held that, when examining the legality of the dismissal, the Court will examine the substance of the allegations against the employee and their “center of gravity,” and not the heading given to them by the employer. This judgment emphasizes an important principle in our context: the mere existence of hearing,in and of itself, is not sufficient if the ground for dismissal or the procedure chosen does not comply with the provisions of the law.
These points illustrate the importance of managing a proper termination process from the out set, since a material defect in choosing the track or the ground fordismissal may lead to withdrawal of the decision, even if a hearing wasconducted for the employee.
- A Harmful Work Environment, Harassment, or Discrimination
A harmful work environment, workplace bullying, sexual harassment, or discrimination maylead to a dispute between the employee and the employer and even to the filingof a legal claim. Employer awareness of its obligations under the law, and sensitive and professional handling of complaints of this type, may reduce therisk of a legal dispute developing.
- One-sided Change in the Terms of Employment
A change in the terms of employment without the employee’s consent, such as a salary reduction,a material change in role or work conditions, as well as cases of delayed wage payment, may lead to a dispute between the employee and the employer and mayeven constitute grounds for filing a claim.
What Can Employers Do to Avoid Labor Disputes and Lawsuits?
- Familiarity with Labor Law and Compliance with Applicable Legal Requirements
It is important for employers to be aware of the key provisions of labor law. Knowingthe rights due to employees, such as - vacation days, sick days, and paymentfor overtime, is a basic condition for the proper management of employment relationships. One should not expect employers to know all the ins and outs oflabor law, which develops and changes through case law. However, awareness ofthe main obligations applicable to employers, and ongoing legal support, canhelp prevent mistakes and reduce legal exposure.
- Regulating Employment Terms in a Clear Employment Agreement
It is important to ensure that every employee signed a clear and detailed employment agreement defining the employee’s role, salary, terms of employment, andrights. Clear regulation of employment terms and precise drafting of the agreement reduce misunderstandings between the parties and help prevent future disputes.
- Transparent and Fair Conduct Toward Employees
Direct and transparent communication with employees, together with substantive and prompt handling of issues that arise in the workplace, may prevent the dispute from escalating and reduce the risk of labor disputes developing.
- Maintaining a Respectful and Equal Work Environment
The employer must act to create a respectful work environment free of discrimination, and ensure the prevention of harassment, victimization, or workplace bullying.Adopting a clear zero-tolerance policy toward harmful conduct may significantlyreduce disputes and claims.
- Legal Support and Professional Advice
Obtaining advice from an attorney specializing in labor law can help employers ensure that their actions comply with legal requirements and reduce exposure to legal proceedings.
How to Act Properly When a Claim Is Received from an Employee
Receiving a statement of claim from an employee is not the end of the road and does not require waging a legal battle to the bitter end. When an employer receives a statement of claim from an employee, it is important to stop and assess the situation in a measured manner.
The first step is to understand the allegations of the claim, assess the legal risks arising from it, and formulate an appropriate course of action with the supportof an attorney specializing in labor law. It is worth remembering that most disputes between employees and employers do not reach a ruling in the Labor Court, and even those that do - many of them end by agreement. Often, asolution can be reached already at early stages through negotiations between the parties or even through mediation.
The wisdom is not in managing the legal proceeding to its end, but in the ability to resolve the dispute before it gets there. As the saying goes, a pragmatic person does not enter places that a wise person knows how to get out of.
In my experience, success in handling a labor dispute is not necessarily obtaining a judgment in the Labor Court, but in finding a solution that makes legal proceeding unnecessary in the first place. Therefore, when an employer comes after receiving a statement of claim, I usually recommend first examining the possibility of dialogue and direct communication.
However, it is not in every case possible to reach agreements, and sometimes it is also strategically correct to conduct legal proceedings through to the end - For example - when this is required for deterrence and to set clear boundaries (“so that others will see and fear”), or when attempts to reach an agreed solution fail - whether due to lack of cooperation by the other party or because the proposed solution does not adequately address the rights in dispute. In such situations, one must act decisively and manage the legal proceedings thoroughly and professionally.
In Summary
Labor disputes may lead to complex and costly legal proceedings, but in many cases,they can be prevented through clear communication, respect for employees’rights, and adherence to legal requirements.
Even when a dispute arises or a claim is filed, it is not always correct to rush into fulllegal proceedings. Often, an agreed solution can be reached already at earlystages through dialogue, negotiation, or mediation - saving time, resources,and unnecessary tension for both parties.
Ultimately,the wisdom in managing a labor dispute is not only the ability to win in legalproceedings, but the ability to choose the right path to resolve it - whether through an agreed solution or through managing legal proceedings when necessary.
When a labor dispute arises or an inquiry is received from an employee that may develop into a disagreement, early legal advice may assist in managing the situation properly and preventing deterioration into legal proceedings.
Legal Disclaimer:
The content ofthis article is provided for informational purposes only and does not constitute legal advice. Each situation requires an analysis of the specific contractual terms and factual circumstances, and readers should seek professional legal advice before taking any action.
