In a recent decision, the Israeli Regional Labor Court
("Court") held that an employer is
entitled to take personal and professional qualities into
consideration when making decisions regarding the dismissal of
employees following a corporate merger.
In the present case, the plaintiff employee was employed by an
Israeli private company prior to the company's merger with a US
public corporation. Following the merger the plaintiff was
dismissed, whereas an employee with a parallel position in the
acquiring company was retained.
The plaintiff contended that the dismissal was based on improper
considerations, being made notwithstanding the plaintiff's
professional achievements. The defendant employer disagreed,
alleging that professional and personal attributes, including
certain deficiencies in the plaintiff's work, were indeed
relevant considerations.
