10 Questions
What distinguishes a contract of employment from that of an independent contractor?
The employee must perform services personally.
Which factor indicates a contract between principal and contractor (locatio conductio operis)?
Contractor may perform work within the period fixed by the contract.
What is a key requirement for an employee under a contract of employment?
Employee must perform services personally.
Under what type of contract can the contractor perform through others?
Contract terminates on expiry of period of service contract.
What differentiates the duties of an employee from those of an independent contractor?
Employee must carry out lawful commands and instructions of employer.
What triggers the presumption of employment according to the text?
The presence of at least 4 out of 7 specified factors in the relationship
What is the significance of the 'Reality test' in determining an employment relationship?
It looks at whether the employer has the right to supervision and control over the employee
What is the role of the 'Dominant Impression test' in the context of employment presumption?
It is used to assess if there is control or direction over the work
In cases where a person is presumed to be an employee, what does it shift onto the alleged employer?
The responsibility to prove that the person is not an employee
What is one of the criteria identified by the court for determining an employment relationship?
Whether the employee forms an integral part of the organization
Explore the origins of contractual relationships in employment law through landmark cases like Colonia Mutual Life Insurance v McDonald and Smit v Workmen's Compensation Commission. Understand the distinctions between contracts between master and servant and contracts between principal and contractor.
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