The National Israeli Labor Court is an independent tribunal and thus only rarely does the High Court of Justice (HCJ) intervene in its decisions. Recently, in an unusual move, the HCJ twice reversed the rulings of the National Labor Court. In both cases as part of its policy to eliminate the phenomenon of workplace sexual harassment.
In the first matter, the HCJ ruled that resignation because of sexual harassment constitutes resignation equivalent to termination and thus entitles the employee to severance.
In the second matter, the HCJ overruled the National Labor Court’s decision concerning the privacy rights of sexual harassment victims. The HCJ determined that for the purposes of preparing an expert psychiatrist’s opinion in the Labor Court as to the mental state of the victim, it is forbidden to review the treating psychologist’s notes. Review of such notes constitutes a material violation of the victim’s right to privacy (and that of the therapist’s). In its judgment, the HCJ clarified that in proceedings of a sensitive nature, such as sexual harassment cases, it cannot be assumed the complainant waived his or her right to privacy by virtue of filing the suit. In fact, such a waiver could become a barrier to victims filing suits. Per the HCJ, the public has an interest in the mental integrity of sexual harassment victims, as much as an interest in their bodily integrity.
Both judgments reflect the HCJ’s policy in terms of sexual harassment prevention. The HCJ recognizes the severity of instances of sexual harassment and intends to combat this phenomenon in general and in workplaces in particular.
