Labor Law Attorney
The Employer's Obligation to Hold a Lawful Pre-Dismissal Hearing
Every employer who intends to dismiss an employee is legally required to conduct a pre-dismissal hearing beforehand. The purpose of this procedure is to give the employee a meaningful opportunity to present arguments against the proposed termination. This obligation applies regardless of the length of employment, the employee’s role, or the reason for dismissal. An employer who fails to hold a hearing—or who conducts one that does not meet the legal requirements—exposes the company to a claim for monetary compensation.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Background: The Right to a Hearing
Unlike many other social rights established by statute or extension order, the employee’s right to a pre-dismissal hearing was developed through court rulings. Originally applicable only to public-sector employees, this right has since been extended to all employers in both the public and private sectors. Over the years, the Labor Courts have formulated a set of rules that define what constitutes a lawful hearing. The courts have also established that failure to comply with these requirements entitles the employee to monetary compensation. Importantly, the obligation applies even to short-term employees and does not depend on the reason for the dismissal.
Written Notice of the Hearing
The employer must provide the employee with written notice of the hearing, delivered with sufficient advance time to allow the employee to prepare and formulate a response. If the employer intends to rely on any documents as the basis for dismissal, those documents must be shared with the employee before the hearing so that a meaningful response can be prepared. The employee has the right to be represented at the hearing by an attorney or, where applicable, a representative of the workers’ committee. This is another reason why adequate notice is essential—it allows the employee time to secure legal representation.
Explaining the Grounds for Dismissal
During the hearing, the employer must clearly explain the reasons for the proposed dismissal and give the employee a genuine opportunity to respond. For example, if the grounds for termination involve tardiness or underperformance, the employer must cite specific instances so the employee can address them directly. The employer is also required to prepare a written protocol of the hearing that accurately reflects what was discussed. The employee must be given the opportunity to review the protocol, confirm its accuracy, sign it, and receive a copy.
Genuine Willingness to Consider the Employee's Arguments
This is one of the most critical requirements for a lawful hearing. The employer must approach the hearing with a genuine willingness to listen to and consider the employee’s arguments. Conducting a hearing as a mere formality—when the decision to terminate has already been made—does not satisfy the legal standard. Accordingly, the employer may not issue a final dismissal decision at the hearing itself. Instead, the employer must take time to consider the employee’s arguments and communicate the decision within a reasonable period, along with a detailed explanation of the reasons.
Monetary Compensation for an Unlawful Hearing
An employer who conducts a hearing that fails to comply with the rules outlined above—or who skips the hearing entirely—creates grounds for a monetary compensation claim by the employee. In certain cases, the employee may also apply to the Labor Court for an injunction that could result in reinstatement to the position. The amount of compensation for an unlawful hearing is calculated based on the employee’s salary, with the final amount determined by the circumstances of the dismissal and the employee’s length of service.
Legal Representation at a Pre-Dismissal Hearing
As noted above, an employee has the right to be represented by an attorney during the hearing process. Is legal representation necessary? The answer is a definitive yes. A pre-dismissal hearing is a high-pressure situation, and employees often find it difficult to respond effectively to the allegations raised against them. An attorney’s role is to address the employer’s claims, present compelling reasons for retaining the employee, and advocate on the employee’s behalf. In many cases, employers are persuaded to give the employee another opportunity. Even when the employee does not wish to remain in the position, legal representation helps ensure that the employment relationship concludes on the best possible terms, with all entitled rights fully secured.
The employment law team at Mor & Co. provides skilled legal representation for both employers and employees in pre-dismissal hearing procedures throughout Israel.
Our attorneys ensure that hearings are conducted lawfully and that your rights are fully protected at every stage of the process.
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