An employee who was employed in a company that carried out deliveries for a factory was dismissed without prior notice or severance pay after he stole an item that was the property of the factory.
The Labor Court held that the question of whether a certain behavior justifies immediate termination without severance pay is a matter of Court discretion. Denial of severance pay is not an automatic relief, but each case must be reviewed, and a proportionate sanction determined accordingly. Termination of employment, even with paying severance pay, constitute a punishment. Denial of severance pay and denial of prior notice is given in extreme cases. The employee violated clear instructions and committed a serious disciplinary offense and there is justification for denial of prior notice. However, the denial of severance pay is a drastic measure when the employee is already "punished" when he is dismissed due to his actions.