Following Lawsuit by Adalah, Sawt el-Amel and the Tel Aviv University Human Rights Clinic, Labor Court Issues Temporary Injunction Preventing Dismissal of Arab Railway Workers
On 9 September 2009, the Tel Aviv Regional Labor Court issued a temporary injunction preventing the firing of Arab railway inspectors by the Israel Railway Company on the grounds that they have not performed military service. A lawsuit, as well as the request for an injunction, was submitted on behalf of the workers by Adalah, Sawt el-Amel (The Laborers' Voice) and the Tel Aviv University Human Rights Clinic.
The court ruled that the imposition of such criterion as a condition for continued employment discriminates against Palestinian Arab citizens of Israel, as they are not obliged to perform military service. Further the court found that the inspection job is purely a civilian post and does not require any military experience. Among the new criteria proposed by the railway company as an alternative to military service is having worked at an institution with a clear hierarchal structure and having worked in shifts for a year and a half continuously. This criterion was also rejected by the court.
Adalah Attorney Sawsan Zaher, who is representing the workers, emphasized that the court's temporary order is a step in the right direction. However, she also stressed that the court should issue the same ruling in its final decision and declare that any use of military service as a condition for acceptance for work constitutes discrimination against Palestinian Arab citizens of Israel and is therefore illegal and must be revoked.
Background
In early 2009, Israel Railways published a new tender for the employment for railway crossings inspectors. "The Guards’ Company" won this bid. According to the new agreement between the firm and the Railway Authority, Israel Railways, which employs more than 130 Arab workers, committed to only using workers who have performed military service.
In general, Arab citizens of Israel are exempt from military service, and thus, such a decision would inevitably lead to their dismissal and eliminate the possibility of their employment with Israel Railways. Such a restriction violates their freedom of employment, which is a constitutional right.
Following the lawsuit filed on behalf of two Palestinian Arab workers who were fired from the Railway Company for not having performed military service, the company declared that it would cease using military as a criterion of continued employment. Rather, Israel Railways replaced this criterion with another condition, specifically, that a worker must work continuously for a year and a half in an institution with a "hierarchal structure", or must have worked with Israel Railways for at least a year. Immediately after issuing the new condition, the company dismissed two-thirds the Arab workers from its workforce for not having worked in the company for at least a year.
For more information, see Adalah News Update, “Adalah and Sawt el-Amel Submit Lawsuit to Tel Aviv Regional Labor Court on behalf of Arab Workers fired by the Israel Railway Company on the Grounds that they did not Perform Military Service,” 17 May 2009
http://www.adalah.org/eng/pressreleases/pr.php?file=09_05_17
