National Labor Court Overturns Decision in Case of Dismissal of Arab Worker by Clalit
The National Labor Court has overturned the Regional Labor Court's decision that allowed the Clalit Health Fund to dismiss an Arab employee from Clalit Medical Engineering for posting verses from the Holy Qur’an on his social media accounts.
Amid the broader context of political persecution and the criminalization of Palestinian Arabs’ faith and religious practices, the employee chose not to reclaim his position at Clalit Medical Engineering. Instead, he opted to receive his full rights and end his employment with the institution.
The employee had dedicated over a decade to his work at Clalit Medical Engineering, where he built a distinguished reputation and received numerous high professional evaluations. Despite this, his employers dismissed him under the pretext of supporting terrorism, based on erroneous interpretations of Qur’anic verses by a Clalit security officer.
Seeking justice, the employee turned to the Mossawa Center for counseling. The center agreed to support him in preventing his prosecution. Represented by lawyer Dr. Loai Zreik, the employee petitioned the District Labor Court to overturn the dismissal decision. Clalit's justification for dismissal relied on a report by a security officer who lacked knowledge of the Arabic language. During the court session, Clalit brought in retired Shin Bet (Shabak) intelligence officers to interpret the three Qur’an verses in question, in clear violation of the employee’s right to religious freedom and based on preconceived biases. A former female colleague also testified, claiming that the Qur’anic verses and the colors of the calligraphy in his post scared her, despite her illiteracy in Arabic.
The regional court session included three judges and public representatives. From the start, it was evident that the judges were hesitant to overturn the regional court’s decision.
At the beginning of the session, Dr. Loai Zreik argued, "The Qur’an is not a book of terrorism and does not call for killing. When a person believes in his Holy Book, he cannot be selective in his adherence to it. Therefore, the State of Israel must decide whether it allows freedom of worship or declares the Qur’an a book of terrorism, punishing and expelling anyone who quotes from it."
Following the court’s ruling, Zreik stated, "It is unfortunate that a health fund serving most Arab citizens treats its employees this way because of Qur’anic verses."
Nibal Abu Al-Ardat, head of the advocacy department at the Mossawa Center, commented, "Clalit tolerates anti-Arab incitement and suppresses freedom of expression and worship among Arab workers. Unfortunately, this is not an isolated incident; the Mossawa Center has received numerous reports from other Arab workers subjected to humiliating and punitive actions by Clalit's Human Resources Department and affiliated institutions."
The employee's petition to the National Court was supported by interpretations of his published Qur’anic verses from Israeli academic experts in Arabic language and Middle Eastern studies, including Professor Yoni Mendel from Ben Gurion University. Mendel stated, "The verses in question have no connection to the events of October 7. Only a security-centric approach would interpret them in this manner."
The Mossawa Center has approached Clalit Fund management, demanding an immediate cessation of violations against the freedom of expression of its Arab employees and an end to discriminatory treatment of staff and patients.