Casos legales

Arbitration Claims CA 51/888-3 (Tel Aviv) Adel Kizel et al. v. PDA 28:17 - parte 7

February 10, 1995
Impresión

 

that Mr. Danon confirmed that "pursuant to the approval of the Minister of Finance, IPS personnel serving in prisons in the Judea and Samaria area, with the exception of those serving in administrative positions who are not employed in shifts, will be entitled to Activity Supplement A as of February 1988" when this approval is conditional on "those entitled to this supplement undergo periodic training on special behavior for those serving in the Occupied Territories beyond the Green Line"; b) A document dated November 6, 1988 to the Director General of the Ministry of Police by Mr. Yaakov Danon, the Wage Commissioner at the Ministry of Finance during the relevant period, indicates that Mr. Danon approved "the payment of an additional Activity A to police personnel in administrative positions, to intelligence evaluators and paramedics in the following units dealing with security forces in Judea and Samaria: B.  Tulkarm, Jericho, Jenin, Nablus, Ramallah, Hebron, Bethlehem, Gesher Adam." Mr. Danon also approved the addition "for IPS personnel in administrative positions in the prisons in Nablus, Jenin, Hebron and in the Judea and Samaria Prison (including Ramallah Prison)" with effect from January 1, 1988; c) A review of Ben/3 (Government Decision No.  S/33 of January 22, 1979) shows that it was decided, with regard to the salaries of the Israel Police and the IPS, that "the comparison between the salaries of police officers and those in the IDF will be maintained.

  1. b) To establish a follow-up committee, composed of a representative of the Civil Service Commission... that its role will be to monitor the changes that will apply to salaries in the IDF, and to determine how to apply them to salaries in the Israel Police and the Prison Service"; d) Appendix N/4 specifies the additional activity to which soldiers serving in compulsory service or reserve duty who serve additional service under permanent conditions will be entitled, with a score next to each activity and in light of the cumulative score, the soldier's level of activity is determined; e) Appendix N/5 is a weighting table - activity level, where in the leftmost column, entitled "The Score for Judea and Samaria Prison Guards", you can see the score that each prison guard receives for each of the activities detailed in the appendix. At the bottom of the page you can see the cumulative score that must be accumulated in order to be eligible for a certain level of activity.  An examination of Ben/5 shows that in order to receive activity level A - "additional check" - 16 points or more must be accumulated, those who accumulated 12-15 points will be entitled to activity level B, while 8-11 points qualify for activity level C.  In addition, a review of the last column in Ben/5, which relates to the Judea and Samaria prison guards, shows that the maximum score that the Judea and Samaria guard can accumulate is 13 points, i.e., activity level B.
  2. After hearing the witnesses and being impressed by them and their testimony and in light of the material in the Tribunal's file, including Government Decision S/33 and the tables from which we can see the score given for each activity and the total cumulative score, we determine factually as follows:
  3. a) There is a fundamental difference between the work of the guard and the work of the policeman;
  4. b) During the working hours, a guard serving on the other side of the Green Line is found in the prison

 

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