Chapter 3 Flashcards
Parties to an employment relationship
What rights and obligations does the employment relationship impose on employers?
The employment relationship imposes extensive rights and obligations on employers, including the right to initiate and terminate employment.
How is an employee defined, and what tests are used to determine if a person is an employee or an independent contractor
An employee is any person working for another, receiving remuneration, or assisting in carrying on the employer’s business. Tests include organizational, dominant impression, and control tests.
What does Section 200A of the LRA establish, and how does it affect the presumption of employee status?
Section 200A of the LRA establishes a rebuttable presumption that a person rendering services is an employee. It shifts the burden of proof to the employer to demonstrate otherwise.
Enumerate the factors in the statutory presumption that a person is an employee, as per LRA section 200A.
Factors include control, hours of work, integration into the organization, dependency, provision of tools, exclusive work for one person, and economic dependence.
What distinguishes an employee from an independent contractor in terms of contractual duties and termination?
Employees are always at the employer’s disposal, must perform services personally, and their contract terminates on death or after a specified period.
How is the existence of an employment relationship determined, and what role does a written contract play?
he existence is not solely determined by a written contract. While it can provide details, it is not conclusive, and the court considers the true nature of the relationship.
How does the law treat atypical employees, and what is the general stance on their protection under labor legislation?
Atypical employees, such as part-time or temporary workers, are considered employees and are protected by labor legislation, regardless of formal contracts.
Define the term “Restraint of Trade” in the context of employment contracts.
Restraint of trade is a clause preventing employees from competing with an employer’s business interests after the termination of employment, provided it is reasonable.
What duties do employers and employees have according to the common-law contract of employment?
Employees have duties to render services, work competently, obey instructions, and act in the employer’s interest. Employers have duties to remunerate, provide work, ensure safe conditions, and deal fairly with employe
What are the forms of employment contracts, and how do fixed-term contracts differ from indefinite-term contracts?
Employment contracts can be fixed-term or indefinite. Fixed-term contracts end automatically, while indefinite contracts require fair dismissal procedures and may contain clauses on compulsory retirement.
