A candidate for a job successfully passed a job interview and completed admission procedures. Prior to commencing employment, the supervisor informed him that she would not be able to commence working.
The Labor Court held that the candidate should be regarded as an employee for the purpose of the duty of hearing, even if his employment has not yet begun, taking into consideration that a binding agreement has been executed between the parties. Had he been given the right for a hearing before the decision was made regarding his non-employment, the employer might have made a different decision. The breach of the obligation to uphold the agreement and start employment of the candidate and the breach of the right to a hearing constitute a breach by the employer also of the obligation to act in an acceptable and good-faith manner.