He did not give up and went to court to file his case.
The company he had worked for had filed for bankruptcy, and the district court ordered the national insurance company, betouah Leumi, to pay an amount of NIS 117,000 for wages and severance pay that the bankrupt company was unable to pay.
No less than two years passed after the application was submitted of debt to Folkesikringen, so it rejects his request for a staggering reason”You were not employed by the company during those two years.”
Three months after this first refusal, the employee presented his case and the claim was once again refused, this time for a different reason. namely failure to present the documents that Folketrygden required from the employee and which were allegedly not provided. A third time he submitted his request and it was again rejected.
Judge Brenner said so “With all the regret this causes, I must state that the conduct of the National Insurance Institute in dealing with the respondent’s claim is, to say the least, unacceptable. It is inconceivable that a filed claim will be considered, that after two years from the date of its filing, it is inconceivable that Betouah Leumi would make three different decisions regarding the exact same claim, the result of which is the same, namely rejection of the complaint, with completely different motives. These rejections are arbitrary. “
Brenner added: “It would have been nice if the insolvency officers at the National Insurance Institute finally got to the bottom of the matter. to once and for all resolve the serious phenomenon repeatedly exposed regarding the handling of employee claims. »
Judge Brenner said in this context that “there is no doubt that the new state of law imposes a great burden on the National Insurance Institute, namely the insolvency law, which came into force more than three years ago.”
It is time that the National Insurance Institute prepares properly for the establishment of an efficient and functional mechanism to process claims within a reasonable time and not only after two years, as in the present case.
Finally, he said that “unfortunately, the phenomenon of claims not being processed by the National Insurance Institute, even after two years from the filing date, is well known and requests are made to the Supervisors to give instructions to the National Insurance Institute about this.“
The judge ordered the National Insurance to pay the defendant an amount of NIS 7,500 in compensation for the two-year delay.
Folketrygden replied: “After the financial situation and the following a change in the law, where the entire bankruptcy process was transferred to Folkesikringen and not just the last part of the process, as was the case previouslyIt is therefore necessary to increase the staff in accordance with the new requirements that have been created.
New recruits have only recently been approved and only 15 new employees have been recruited as more than 2,000 businesses were closed in the last month alone.“