Read the fictional scenario below and answer ALL the questions that follow

Sibusiso Mkhize applied for an employment position with DM Contractors, a medium sized construction company

specialising in construction of RDP Houses. Two days after being interviewed telephonically, Sibusiso receives an email

from the HR Manager informing him that his application was successful, and he was told to commence his duties on the first

business day of the following month. He also signs a contract enclosed in the email. Some of the terms of contract were

that he would have flexible working hours, and would be entitled to other benefits such as pension and medical aid. The

only requirement is for him to complete tasks assigned to him within the minimum time possible. A week before

commencing work, Sibusiso is asked to send a biographical note and a photo of himself for the company$$s website. In his

biographical note, he states that he is $$a proud transgender dominating the construction industry$.$ Two days after sending

the biographical note, Sibusiso received another email from the HR Manager informing him that the Managing Director of

the Company had decided that the post for which Sibusiso applied was going to be scrapped, and accordingly, he does not

have to report for duty as indicated in the previous email.

Sibusiso approaches you for advice and tells you that the reason why he was dismissed is because he disclosed in the

biographical note that he is a transgender.

QUESTION $1(30$ Marks$)$

Sibusiso wants to take DM Contractors to the CCMA but he is concerned that the employer might argue that the contract

signed was that of an independent contractor. Critically discuss whether one Sibusiso is an employee or an independent

contractor.