Joshua works for Umgeni Roads Limited. The company has a contract to construct the freeway in Durban. As per their internal policy, no open trenches or dug-up areas are supposed to be left unmarked for safety purposes. Joshua is responsible for the digging of a 3km stretch along the M13 Highway. One Friday afternoon Joshua is extremely exhausted and forgets to put the reflectors that serve as caution to motorists and pedestrians. Since the M13 is a busy road, one vehicle falls into the trench and causes a pile-up of three other vehicles. One of the cars is badly damaged and the occupants are seriously injured. Sbu, one of the injured people approaches Umgeni Roads with a claim for damages. Umgeni Roads consults with you on whether the company is liable for damages.

Critically discuss how the situation would have been different if Joshua was an independent contractor and consider whether an employee is a representative of the employer.