SU 3

Question 1

What is an employee?

Answer 1

An employee is any person who works for another person or for the state, who receives or is entitled to receive any remuneration, excluding an independent contractor.

Question 2

Elements of an independent contractor

Answer 2

1. Not obliged to perform work personally.
2. No termination by death of contractor.
3. Termination when specified work or specified result is achieved.
4. No obligation to follow instructions on how the task should be performed.

Question 3

Elements of an employee

Answer 3

1. Employee renders services at the behest of the employer.
2. Terminated by death of employee.
3. Termination on completing the agreed period.
4. Employee must obey lawful and reasonable instructions.

Question 4

Tests for employment:

Answer 4

1. Control test
2. Organization test
3. Dominant Impression test
4. Economic test

Question 5

Control test:

Answer 5

the right to control is more extensive in employment contracts.

Question 6

Organization test:

Answer 6

status depends on if the person is part and parcel of the organization.

Question 7

Dominant Impression Test

Answer 7

is the test used in our courts.
If all factors are present, it is a dominant impression that the person is an employee.

Question 8

Economic test:

Answer 8

the extent to which the employee is economically dependent on the employer.

Question 9

Cases for the test of the employment relationship:

Answer 9

Mandla v LAD
Workforce Group v CCMA
Denel v Gerber

Question 10

If the person earns BELOW the annual threshold:

Answer 10

Use the Statutory Tests.

Question 11

If the person earns ABOVE the annual threshold:

Answer 11

Use the Common Law Test.

Question 12

Termination on Notice:

Answer 12

Working for 6 months or less - 1 week
Working for 6 months or more but less than a year - 2 weeks
Working for a year or more - 4 weeks

Question 13

Annual threshold amount

Answer 13

R241 110,59