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

Janelle has recently graduated from college where she studied motor mechanics. She considers herself an expert in gearboxes and has built a strong reputation among her colleagues as the to go to girl when it comes to gearbox issues. Janelle received a call from Duncan, the director of KwaNongolose Pvt Ltd, to start as a gearbox specialist. Janelle does not sign a contract nor ask about the nature of her employment. She is informed that as an expert she only takes instructions from the Director. At the end of the month, she would have to submit her monthly timesheet to Human Resource for payment processing. Her time sheets indicate that she has worked for a total of 49 hours per month. Barely 2 (two) months after she started working, Janelle was invited for a meeting in the Directors office. He asked her whether she had a boyfriend and suggested that she should have dinner with him. He then invited her to sit on his lap for which she declined. As she was about to leave the office, he then kissed her on the neck. A few minutes later she decided to express her displeasure at what he had done to her. He asked her whether she was in or out and she replied that she was out. The next day Janelle receives an email with subject line Termination of Independent contract with immediate effect. Janelle is devastated, she had hoped to use the earnings to pay off her college loans. She is especially disgruntled by the fact that she was referred to as an independent contractor and yet in her view she was an employee. Janelle has heard that you are taking Labour Law as one of your courses and approaches you for advice.

QUESTION 2 (15 Marks)

Provide a detailed explanation of the mixed or dominant impression test that is used to determine whether a worker is an employee and apply this test to Janelle's case