An assistant teacher at a school for children with special needs in the Kochav Yair – Tzur Yigal Local Authority area has lost a case against the authority for its decision to require either COVID-19 vaccination or a coronavirus test as a condition for entering the school to work.
The Tel Aviv District Labor Court ruled against the assistant teacher, Sigal Avishai, deciding that an employer is entitled to prevent an unvaccinated, employed teacher who refuses to undergo a test for the virus, from entering the school building to go to work.
“Although we have no explicit regulation in legislation or a collective agreement concerning the barring of a worker from their place of work without a negative COVID-19 test, in the absence of vaccination, there is no room to determine at this stage of the proceeding that the chances of the petitioner’s claim are high, when we look at the cause of action held by the petitioner,” the court ruled, according to a report by Globes.
The Court found it could not be determined that the rights to dignity and privacy of the teaching assistant outweighed the right to life of the students, their parents and the staff at the school – along with the right and obligation of the local authority to protect them.
The Court has called for lawmakers to create legislation to clarify and address the issue.
