Question: Question 2 ( 3 4 marks ) Read the fictitious scenario and answer the questions that follow: Kent enters into a 6 - month contractual

Question 2(34 marks) Read the fictitious scenario and answer the questions that follow: Kent enters into a 6-month contractual agreement from 1 January 2024 to 1 June 2024 with Cybersecurity Solutions to work on a project involving the development of a comprehensive cybersecurity strategy for major clients. His tasks include conducting risk assessments, implementing security measures, and providing ongoing support. Kent works closely with Cybersecurity Solutions employees, reports to a manager, attends team meetings, and makes use of company resources such as office space and equipment. He also follows the companys procedures and guidelines and is subject to the same level of supervision and control as all the other employees of Cybersecurity Solutions. Upon completion of the project, Kent has been given additional tasks and has assisted Cybersecurity Solutions on a month-to-month basis which has continued without further discussion for the last 6 months. During this period, Kent has not been engaging with any other services at any other company besides Cybersecurity Solutions. 2.1. List two pieces of legislation in South Africa that govern the employment relationship. (2 marks)2.2. Briefly distinguish between employees and independent contractors by completing the table below. The first row of the table has been completed on your behalf for your ease of reference. (8 marks) Note to students: Students are required to copy/redraw the table and fill in the blank spaces. 6 HLWC130-1-Jul-Dec2024-FA2-GR-V3-09042024 Type of relationship Employee Independent contractor Object of the contract To render personal services. To perform specified work or to produce a specified result. Rendering of services Termination Labour legislation Remuneration 2.3. With reference to both the common law and relevant case law, fully advise Kent whether he would be considered an employee or independent contractor of Cybersecurity Solutions. (24 marks) Note to students: Your answer should include a reference to the tests for determining whether someone is an employee or an independent contractor.

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