Tamam v. Ghanem

A pregnant secretary quit her position at an attorney's office because the attorney refused to enforce a non-smoking policy in the office, in violation of a smoke free law. The court treated her resignation as if she was forced to leave and ordered the employer to pay compensation for violations of both employment laws and the smoke free law.

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Decision Information

Tamam v. Ghanem, LD 41297-01-11, Haifa Regional Labor Court (2013)

Israel

July 31, 2013

Haifa Regional Labor Court

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Parties

Plaintiff: Avital Tamam
Defendant: Amir Ghanem

Cited Legislation

Prevention of Smoking and Exposure in Public Places Act, 1983 (as amended)

Type of Litigation

Enforcement Action by a Private Individual or Private Entity Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Employment/Labor Dispute

Tobacco Control Topics

Smoke Free Measures Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Tobacco Control Law Violation A claim of a violation of a tobacco control law or statute.
Employment and Disability Law Violation A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.

Type of Tobacco Product

None

Litigation by Country

Israel