Ben is a male security guard that is looking to render security services, he has been left

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Ben is a male security guard that is looking to render security services, he has been left unemployed for quite some time after being retrenched during the nationwide COVID 19 lockdown. Ben attends an interview with Steele Security, a security company that is in need of such services. The interview was a success and Steele Security provided a job offer to Ben in the position of a full-time security guard. Steele Security presented Ben with the following contract of employment and because he was so desperate to secure employment, he signed the below contract of employment without reading the terms in detail. 1.1.

2.1. Ben has approached you as a labour law attorney to have a look at his employment agreement and advise him on whether the contract of employment complies with South African labour law. Discuss the essentials of a contract of employment and whether Ben’s contract of employment meets those requirements. (6) Contract of employment entered into between: Steele Security (Pty) Ltd (“the Employer”) and Benjamin Botes (“the Employee”) The Employer has imposed the following terms and conditions of employment on the Employee and the Employee will accept such terms and conditions imposed by the Employer: Appointment The employee is appointed in the capacity of a security guard and will commence duties on 1 May 2021. The employee will perform duties at the Employer’s Head Office situated in Midrand. Job description The employee is responsible for the following tasks: (insert list of tasks for which employee will be responsible) and all such tasks and duties as are reasonably and lawfully incidental to the above. Remuneration The Employer will determine the Employee’s remuneration at it’s sole discretion and the Employee will be notified of the amount of remuneration he will receive on a monthly basis, at the end of each month. The Employer’s Human Resource Manager will communicate this to the Employee every month. The remuneration will be paid to the Employee on the last day of every month and the employer will not remunerate the Employee for any additional hours worked. Working time The Employee is obliged to work 6 days every week, from Monday to Saturday every week. Family responsibility leave The Employee will, during every annual leave cycle, be entitled to 5 days leave with full pay to attend to family responsibilities. “Family responsibilities” refers to the birth or illness of the employee’s child and the death of the employee’s spouse, life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. The Employee will have to request leave in writing and obtain permission to go on leave. Termination The Employer may terminate the contract of employment with immediate effect and the Employer has the sole right to communicate this to the Employee verbally. If the Employee wishes to terminate his contract of employment, he must notify the Employer in writing and provide 3 months’ notice to the Employer. Whether the employee’s services are terminated by the employer with or without notice, the employee retains the right to dispute such termination in accordance with Chapter VIII of the Labour Relations Act 66 of 1995.

2.2. Provide Ben with drafted clauses which should be used in his contract of employment and which will meet the requirements of a contract of employment. (6)

2.3. It is clear that Ben’s contract of employment does not comply with the statutory conditions of employment. Provide 3 examples of basic conditions of employment that should have been included in the contract of employment with reference to the sections in the applicable legislation. (6)

2.4. Provide the differences between an ‘employee’ and an ‘independent contractor’. (10)

2.5. Ben is considering terminating his contract of employment with Steele Security. Provide Ben with an explanation of the various ways in which a contract of employment may be terminated. (5)

2.6. Advise Ben on the various dispute resolution bodies available in the dispute resolution process and briefly include an explanation of the nature of the jurisdiction of these bodies.