$($Source:

Dtn$.$com, $2025)$

The Labour Relations Act $66$ of $1995($LRA$)$ is applicable to every employer and employee in every undertaking, industry, trade or occupation subject to certain exclusions. The Act is applicable to every employer and every employee hence it is necessary to determine who an employer and who an employee is$.$

Jade and Rebecca have been living in Morningside, Durban for the past eight years. They are both rendering their services to a private airline company, ABC Aviation, registered in South Africa. ABC Aviation has become one of the leading airline enterprises, globally. ABC Aviation flies its' planes on charter only to African countries. When a plane is chartered, Jade is the pilot and Rebecca the flight attendant. They are under the direct control of ABC Aviation and are required to be at work, Monday to Friday between $09$ h $00$ and $18$ h $00.$ They are provided with purple and black uniforms and are economically dependent on ABC Aviation as they do not provide any services for any other Airline Company.

$($Source: Adapted from A Practical Guide to Labour Law by Du Plessis, J$.$V$.$ and Fouche, M$.$A$.,2017).$

QUESTION $1$

$(35$ Marks$)$

$1\mathrm{.}1$ With direct and specific reference to the Labour Relations Act, advise whether Jade and Rebecca are

$(20$ Marks$)$ independent contractors or employees. You are required to provide detailed practical examples of independent contractors and employees in your answer.