Question: Alex graduated in 2 0 2 3 with a project management degree from UNISA. He is contracted to BuildRite Construction ( BuildRite ) as an
Alex graduated in 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. Alexs annual
compensation is approximately R which amount exceeds the Basic
Conditions of Employment Act BCEA earnings threshold by RWith 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
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