Employment & Agency

Question 1

What are the two types of employees?

Answer 1

1) Self employed: Contract comes to an end after they have completed their specific duty.
2) Fully employed: Contract isn’t dependent on completion of a task.

Question 2

Duties of the employer and employee include?

Answer 2

Employer
-Provide work and its certificates
-Remunerate
-Be held vicariously liable(scope of employment)
Employee
-Personally render the service
-Obey lawful & reasonable orders
-Act in good faith(NDA, NCA, honesty)

Question 3

Types of termination include?

Answer 3

1) Breach
2) Notice/Agreement
3) Frustration
4) Dismissal

Question 3

Conditions for a legal dismissal?

Answer 3

For it to be lawful & fair:
a) Substantive- Legal grounds for dismissal
b) Procedural- Notice OR hearing

Question 4

Types of dismissal include?

Answer 4

1) Lawful summary dismissal:
Under section 25, must be substatively fair but the offence is so serious a notice isn’t needed but a hearing is.
2) Unlawful sum dismissal:
Under section 23, where the employeer has no basis. (dismissing an employee because they joined a trade-union.
3) Constructive dismiss:
Employee resigns due to material breach of contract by their employeer within a reasonable time without waiving it and sues.

Question 5

Retrenchment/Redundancy are?

Answer 5

Section 25 states:
1) Reduction of employees due to change in operations or economic reasons.
2) Be procedurally & substaintively fair.
3) Be in good faith(bona fide)

Question 6

Meaning of Agency?

Answer 6

In a commercial setting it’s the P agrees that A will enter into agreements with T on their behalf but A is not a party between P and T.

Question 7

Formation of Agency include?

Answer 7

1) Agreement- Writing, Powers, Duration etc
2) Ratification- A gets approval from P after deal.
3) Estoppel- Relationship is implied through actions.
4) Necessity/Negotiorum gestro- Emergency situation. Be in good faith.
5) Osensible/Apparent- Their position/ title can be interpreted by T that they have power
6) Implied by law- Guardians and minors

Question 8

What are the duties of an agent?

Answer 8

1) Perform mandate without delegating
2) Perform task with care, diligence & skill.
3) Act in good faith, NDA, NCA.

Question 9

What are the duties of a Principle?

Answer 9

1) Remuneration
2) Reimbursement
3) Be vicariously liable