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South Africa’s labour law statutes do not deal with the situation where a job applicant has been offered the job but, before starting work, is told that he/she has no longer got the job. This is a serious gap in the legislation for a job applicant may who have resigned from his/her old job on receiving the offer of the new job. On hearing that the new job is no more he/she will have lost both the old and new jobs and be without a livelihood. Neither the Basic Conditions of Employment Act (BCEA) nor the EEA nor the Labour Relations Act (LRA) shed any light on the recourse of a person who finds him/herself in this unenviable situation. Historically, the view has been that one is not an employee until he/she starts working and can therefore not use the labour dispute resolution system to take the employer to task.
President of the National Industrial Court of Nigeria (NIC), Justice Benedict Bakwaph Kanyip, and his counterpart from Trinidad and Tobago, Mrs Deborah Thomas-Felix, have disclosed the move to establish a Conference of Labour Court Judges.