Last update - 00:00 22/01/2007
Paramedic fights suspension for refusal to wear 'military' rank
By Ruth Sinai, Haaretz Correspondent
A Magen David Adom paramedic suspended for refusing to wear what he called "military" style ranking on his uniform for reasons of conscience, petitioned against the decision Monday at Haifa District Court.
The petition - the first of its kind to be filed in Israel - tackles the question of a person's right to act within the boundaries of his conscience in the workplace.
This issue has never been debated within the Israeli judicial system," said Yuval Livnat, the attorney for suspended paramedic Daniel Ben Simon and the legal advisor for workers' rights organization Kav La'Oved.
"Is an employer allowed to fire a worker who refuses to obey an order for reasons of conscience? We say no. The employer must create a harmonious environment so that the employee can continue to work without violating his conscience," said Livnat.
Earlier this week, Ben Simon petitioned the court to freeze his suspension and the MDA hearing set to take place Tuesday as a precursor to his dismissal.
Ben Simon, who has been working for the ambulance service in a paid and unpaid capacity since the age of 15, began experiencing problems at work some 18 months ago.
The strife began when MDA director-general, Eli Bin, introduced shields for employees to wear on their shoulders, which mirror rankings in all other Israeli emergency services. The rankings were assigned names such as "Shield Major," "Shield Brigadier" and "Shield Colonel."
Ben Simon was given the ranking of "Alleviator," the equivalent of second lieutenant, but said that he did not want it.
"It was hard on my conscience to wear the rankings as I believe that there is no room for military symbols in a neutral position where the primary concern is saving lives," he said.
Initially Ben Simon was the sole complainant, as members of the MDA workers' association also objected to the new rankings. But after the employees petitioned the Labor Court, the MDA management agreed to negotiate and eventually reached an agreement with the employees.
The agreement includes a clause that permits the MDA director general to exempt employees from wearing their rank. Ben Simon asked to be excused from wearing his rank based on this article, but his request was rejected and his superiors began issuing him with letters of reprimand almost on a daily basis.
Some of the letters referred to Ben Simon's refusal to wear the rank at work, and some to other violations of his terms of employment, such as losing his worker's card. Ben Simon denies all the allegations made in the letters.
In addition to letters of reprimand from senior MDA officers, Ben Simon was assigned to a Haifa station, against his will.
With no other solution in sight, Ben Simon contacted MDA's director-general. Following a meeting, Ben Simon was advised that a panel was to be set up to review his request for exemption from wearing the insignia.
He was invited to appear before the panel but was unable to attend as he had been summoned on short notice.
Some time later, Ben Simon again contacted Bin and was told to appear before the panel. Ben Simon turned to Kav La'Oved for assistance, but when he told the panel that he would be attending the hearing with an attorney, he was informed that the meeting had been cancelled.
Two weeks later, Ben Simon was told by his superiors that he would be sent home every time he appeared for work without the rank. As a result, Ben Simon will lose his income, which is calculated on a shift basis.