$3$ HLWC$130-1-$Jan$-$Jun$2024-$FA$2-$NT$-$V$4-07122023$

Question $1(16$ marks$)$

Read the following excerpt and answer the question that follows:

Emily is a talented graphic designer who frequently takes on freelance design projects. Companies and individuals hire her to create various designs, such as logos$,$ brochures, and website graphics. When clients approach Emily, they provide her with specific design requirements, including the style, colours, and content they want in their projects. Emily quotes a fixed fee for each project based on the complexity and scope of the work, and she and her clients sign a contract outlining the project details.

In addition to her freelance work, Emily has recently been hired by a particular company, GlobalTech Solutions, for a once$-$off graphic design gig. GlobalTech Solutions is a tech startup looking to revamp its marketing materials, including brochures, banners, and social media graphics. Emily and GlobalTech Solutions entered into a contract specifying the design tasks, deadlines, and compensation for this project.

Emily works remotely from her own studio, using her own equipment and software. She sets her own work hours and decides how to manage her workload. Clients, including GlobalTech Solutions, do not provide her with any benefits, such as health insurance or paid time off. Payment for her design services is made in full upon the completion and delivery of each project, as stipulated in her contracts.

Required: Is Emily an employee or an independent contractor? Explain with reference to the relevant test. Your answer should refer to relevant case law.

Note to students:

Your answer should only refer to the relevant case law and discuss the applicable legal principle.

Do not discuss the presumption stated under section $200$ of the Labour Relations Act $66$ of $1995.$

Remember to apply the legal theory and principles of case law to the given scenario