LLW2601 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024

This paper consists of 3 pages. Instructions: PLEASE TAKE NOTE OF THE FOLLOWING IMPORTANT INFORMATION:  Your answers must be concise and straight to the point. We do not want to read long-winded stories about the scenario. Answers that do not get to the point will simply be awarded 0 marks. Your answer must therefore address the question immediately.  Pay attention and adhere to the answer page limit. The length of your answers combined must not exceed 2 pages (excluding cover page). Any information beyond 2 pages will not be marked. A bibliography is not required.  You must write in your own words. Copying and pasting from any source is prohibited.  The use of any AI software is strictly prohibited and will not be tolerated. Disciplinary action will be taken against any student suspected of using AI.  You are ONLY ALLOWED to use the prescribed textbook and/or provided lessons. DO NOT COPY. PARAPHRASE!  Whereby a question requires you to make reference to legislation and/or case law, your answer MUST include the relevant legislation and section and cases, each cited in full. See the example below: In addition to dismissals for misconduct and incapacity, section 189 of the Labour Relations Act 66 of 1995 (LRA) allows employers to dismiss employees on the basis of the employer's operational requirements. Section 213 of the LRA defines operational requirements as consisting of requirements based on the employer’s “economic, technological, structural and other needs”. In the case of Fry's Metals (Pty) Ltd v National Union of Metalworkers of SA & others 2003 24 ILJ 133 (LAC), the Labour Appeal Court (LAC) stated that the employer’s economic needs also included the pursuit of greater profit. ASSIGNMENT 2 Alex graduated in 2023 with a project management degree from UNISA. He is contracted to BuildRite Construction (BuildRite) as an "independent contractor". According to the terms of his contract, Alex will be responsible for his own taxes and will not receive any employee benefits including paid time off. Since commencing his work at BuildRite, Alex has been provided with all the equipment he needs to perform his tasks. He is also regularly assigned to different construction sites by the BuildRite HR administrator. In addition to requiring that Alex be available at any site office BuildRite assigns to him, his work hours are also determined by the company. Alex has been told that he may not appoint any person to perform his tasks on his behalf. He has also been warned that taking on projects with other construction firms will amount to a breach of contract. Alex’s annual compensation is approximately R256 110,59, which amount exceeds the Basic Conditions of Employment Act (BCEA) earnings threshold by R15 000,00. 1.1 With reference to the relevant legislation, case law and applying the relevant test, discuss whether Alex is an independent contractor as described in his contract with BuildRite. (16) YOUR ANSWER MUST NOT EXCEED 1.5 (ONE-AND-A-HALF) PAGES. 1.2 What test would you use if Alex was earning below the BCEA earnings threshold? Explain. (4) YOUR ANSWER MUST NOT EXCEED HALF A PAGE. NB: This type of question requires you NOT ONLY to state the legal principles but to apply those legal principles to the facts of the case. In doing so, ensure that you: • Do not retell or rehash the facts in the scenario above. • Write in your own words (plagiarism is a disciplinary offence) • AI-generated answers will be flagged for disciplinary. [GRAND TOTAL: 20 MARKS]