Israeli Supreme Court rejects petition against Jordan Valley Regulations

Court admits regulations violate employees' access to Israeli labor courts – the sole authority that deals with violations of workers' rights – but ruled that this harm is reasonable and can be tolerated.

 

The Israeli Supreme Court on 17 September 2018 rejected a petition filed by Adalah and partner human rights organization and ruled that the "Jordan Valley Regulations" will remain in force, despite violating employees' access to the labor court system.

 

Adalah – The Legal Center for Arab Minority Rights in Israel, Kav LaOved – Worker's Hotline, and the Association for Civil Rights in Israel (ACRI) had filed a Supreme Court petition against the Jordan Valley Regulations in August 2016. The regulations provide that non-Israeli residents or citizens must deposit a financial guarantee as a precondition at the commencement of a lawsuit against Israeli employers, unless he or she can present evidence proving their claim.

 

These regulations impose a very heavy financial burden on workers – predominantly Palestinian residents of the occupied West Bank and migrant workers – and obstruct and restrict their access to Israeli labor courts, the sole authority that deals with violations of workers' rights.

 

Following deliberations that lasted for two years, Israeli Supreme Court Justice Noam Solberg rejected the appeal and ruled that the regulations were not approved without the appropriate authority.

 

Justice Solberg also ruled that, although the Jordan Valley Regulations do indeed violate the right of access to Israeli labor courts, this harm is nevertheless reasonable and can be tolerated.

 

Solberg ordered Adalah and fellow petitioners to pay 10,000 shekels in court expenses. This order contradicts the common guideline according to which the court acts with restraint when deciding upon imposing court expenses in the case of "public petitioners."

 

CLICK HERE to read the court ruling [Hebrew]

 

Case Citation: HCJ 7016/16, Adalah – The Legal Center for Arab Minority Rights in Israel, Kav LaOved – Worker's Hotline, and the Association for Civil Rights in Israel (ACRI) v. Israeli Justice Minister