SECTION A $[40$ MARKS$]$

Answer ALL questions in this section.

QUESTION $1(40$ Marks$)$

Mary went on maternity leave. Upon her return the employer informs her that she cannot resume employment.

$1\mathrm{.}1$ Would this be a dismissal and if so$,$ would it be fair, unfair or automatically unfair?

$(20$ marks$)$

$1\mathrm{.}2$ Elaborate on the the requirements for a fair dismissal, both substantive and procedural.

$(20$ marks$)$

SECTION B $[60$ MARKS$]$

Answer ANY THREE $(3)$ questions in this section.

QUESTION $2(20$ Marks$)$

In Viney v Barnard Jacobs Mellet Securities $($Pty$)$ Ltd $(2008)29$ ILJ $1564($LC$),$ the employee was retrenched shortly after the company he worked for, merged with another company. The employee claimed that his dismissal was automatically unfair.

Discuss dismissals in terms of Section $197$ of the Labour Relations Act $66$ of $1995$ and advise if the employee was correct in claiming his dismissal was unfair.

QUESTION $3(20$ Marks$)$

$3\mathrm{.}1$ Discuss the common law test used by the courts to distinguish between contracts of employment and

contracts which involves the letting and hiring of work. $(10$ marks$)$

$3\mathrm{.}2$ Describe the factors that will support the presumption that a person is an employee of the employer.

You are required to refer to relevant legislation. $(10$ marks$)$

QUESTION $4(20$ Marks$)$

With regard to the common law contract of employment, identify and discuss the various ways in which a contract may be terminated.

ID$33$

QUESTION $5(20$ Marks$)$

Sashen is employed by Ezee Property as a driver. Sashen is provided with a truck marked as Ezee Property for the purpose of carrying out his job functions. On the $12$th of August $2017,$ whilst on a delivery, Ezee drove through a red robot and collided with Michelle$$s motor vehicle. Advise Ezee Property on their liability for the damages to Michelle$$s car.

END OF PAPER