Study the case study below and answer the questions as indicated. GERMAN ENGINEERING German Engineering is an aluminium extrusion plant specialising in the design and manufacturing of modular items used in shop fitting. The organisation is in the hands of the third Gassner generation. Most of the management positions are occupied by a range of family members including aunts, uncles and cousins. The staff complement is 300. Additional staff are brought in on a contract basis during the organisations peak times. The organisation also emphasises the need for employees to be skilled across a range of jobs. This is done so that when certain sections are quiet while others are busy, the employees can be moved to where the need is the greatest. The owners wife assumes the role of matriarch and demands that all the employees refer to her as mom. Employees are referred to as family and the approach to management is one of the owners know best. The owners have kept trade unions out of the business by maintaining above average remuneration packages. Unbeknownst to the owners, NUMSA had embarked on a strong recruitment drive amongst their employees. At this stage, NUMSA had 125 of the employees as members. As the owners considered the employees to be family, the view from management was that the employment relationship was concluded of the basis of a handshake. Not a single employee has a written contract of employment.

The following general conditions apply to employees:

Hours of work 08:00 to 17:00;

All employees take lunch between 13:00 and 13:30;

Annual leave is taken during the companys shutdown period, the last two weeks in December and the first two weeks in January. Leave days vary according to when the four weeks start and end. The leave period for 2017/2018 has been scheduled for 18 December 2017 to 12 January 2018;

Sick leave is set at 10 days a calendar year. Any sick days not taken in a year are forfeited;

Family responsibility leave is set at five days per calendar year. Any family responsibility days not taken in a year are forfeited;

Maternity leave is on full pay and is set at six months for one child only. Employees who fall pregnant for a second time during their employment with the organisation are expected to resign;

Paternity leave is on full pay and is set at two weeks for one child only. Assume the position of a newly appointed Human Resource Manager at German Engineering and address the issues raised in the questions below.

Discuss how to determine whether a person is an employee or an independent contractor.

(Note: Your answer may not exceed 200 words when typed. If the word limit is exceeded, the marker may deduct 5% from the overall mark of the assignment in line with the referencing rubric above)