Question: Draft the Analysis of this award based on the Summary of Evidence and Argument below. Details of hearing and representation 1 . This is the

Draft the Analysis of this award based on the Summary of Evidence and Argument below.
Details of hearing and representation
1. This is the award in the matter between Tshiamo Keetse (the applicant) and Retail Insight (Pty) Ltd (the respondent). Arbitration was convened on 4 September 2017 at the offices of the CCMA in Kakamas. The applicant represented herself. Melyn Carlinsky (Carlinsky) the respondents human resources officer represented the respondent. Documents were submitted into evidence and form part of the record. The hearing was conducted in English and digitally recorded.
The issue to be determined
2. I must determine whether the applicant was an employee and, if so, whether she was dismissed and whether such dismissal was procedurally and substantively fair. The applicant sought to be compensated.
The background to the dispute
3. The respondent is a marketing company whose core business is to promote and advertise on behalf of its clients. It employs approximately 37 employees. The applicant was employed as a promoter on 10 February 2017. The parties agree that the applicant was employed to service the Telkom campaign and that the campaign period ran from 10 February 2017 to 31 March 2017. The applicants services were terminated on 3 March 2017. The applicants case is that her termination on 3 March 2017 amounted to a dismissal and that the dismissal was procedurally and substantively unfair. The applicant sought to be compensated for the balance of the campaign. The applicant has not found alternative work and she is a student.
4. The parties agree that the applicant (and the rest of the team) where engaged through the medium of a WhatsApp chat group. No formal interviews were held and all arrangements were agreed on a verbal basis or agreed on a WhatsApp chat. The applicant was not required to visit the respondents offices. It is undisputed that the applicant was required to render a service for four hours every day of the week and for six hours over the weekend. The applicant and the rest of the team handed out advertising flyers at designated locations (which the respondent determined). The hours of work were also determined by the respondent. The applicant was required to work for twenty hours per week and twelve hours over the weekend. It was the applicants case that she was employed in terms of an employment relationship and that she was appointed at the rate of R 65.00 per hour. The applicant conceded that she was eventually paid for all the time she worked.
5. The respondent denied that the applicant was an employee. It was the respondents case that the applicant was a freelance promoter and all promoters were recruited on this basis. If the applicant is to be regarded as an employee, her services were terminated on account of her conduct. Payment was made via a gift card.

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