Labor Law
What compensation can an Israeli whistleblower receive after retaliation from their employer?
Under the Protection of Employees Law 5757-1997, a whistleblower who suffers retaliation is entitled to compensation through the Regional Labor Court. The court can award: reinstatement to the former position (or an equivalent role) if the retaliation took the form of dismissal; compensation in lieu of reinstatement if the employment relationship has broken down irreparably; damages for lost wages and benefits during the period of retaliation; and non-pecuniary compensation for distress and harm to dignity — Israeli courts have awarded amounts equivalent to 6–24 months' salary in serious cases.
Where the employer is found to have acted in bad faith or with particular severity, punitive-style compensation can be added. The burden of proof works in the employee's favour: once the employee establishes that they made a protected disclosure and suffered a detriment, the burden shifts to the employer to prove the detriment was unrelated to the disclosure. A court can also grant an interim injunction to prevent dismissal or demotion while the case is pending, which is a significant practical protection. For more detail, see Whistleblower Protection in Israel: Employee Rights and Legal Remedies.
Where the employer is found to have acted in bad faith or with particular severity, punitive-style compensation can be added. The burden of proof works in the employee's favour: once the employee establishes that they made a protected disclosure and suffered a detriment, the burden shifts to the employer to prove the detriment was unrelated to the disclosure. A court can also grant an interim injunction to prevent dismissal or demotion while the case is pending, which is a significant practical protection. For more detail, see Whistleblower Protection in Israel: Employee Rights and Legal Remedies.
From the full guide: Whistleblower Protection in Israel: Employee Rights and Legal Remedies
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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy
Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy