Study the scenario and complete the question that follows: An insurance salesman gets dismissed Mr. Hara...
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Study the scenario and complete the question that follows: An insurance salesman gets dismissed Mr. Hara was "employed" by No Risk Insurance (Pty) Ltd as an insurance sales executive. Mr. Hara sold a number of retirement products, such as retirement annuity funds and provident funds. Mr. Hara did not receive a salary but did earn a fluctuating commission. Mr. Hara was given use of a company car but had to pay for his own fuel. Mr. Hara also purchased a laptop and an Pad for his interaction with his extensive client base. In terms of his contract, Mr. Hara can keep his own working hours but cannot work for another company in the same or similar industry. Mr. Hara worked closely with the sales manager, with whom he had regular Friday meetings. Mr. Hara had to make daily reports to his manager as to what he had done during the day. In the company, there was no supervision by the sales managers over the sales executives, and in this sense, there was little control over the sales executives and how they conducted their business. The sales manager did not have the right to discipline the agents. Mr. Hara received regular performance reviews and attended regular sales training and improvement workshops and seminars. Mr. Hara had a written contract with No Risk Insurance (Pty) Ltd, but it did not actually state whether it was an employment contract or not. Throughout the written employment contract. Mr. Hara is referred to as an agent. Discuss whether Mr Hara is an independent contractor or employee using relevant sources of law (20 Marks) Source: Erasmus, S. 2022 S Study the scenario and complete the question that follows: An insurance salesman gets dismissed Mr. Hara was "employed" by No Risk Insurance (Pty) Ltd as an insurance sales executive. Mr. Hara sold a number of retirement products, such as retirement annuity funds and provident funds. Mr. Hara did not receive a salary but did earn a fluctuating commission. Mr. Hara was given use of a company car but had to pay for his own fuel. Mr. Hara also purchased a laptop and an Pad for his interaction with his extensive client base. In terms of his contract, Mr. Hara can keep his own working hours but cannot work for another company in the same or similar industry. Mr. Hara worked closely with the sales manager, with whom he had regular Friday meetings. Mr. Hara had to make daily reports to his manager as to what he had done during the day. In the company, there was no supervision by the sales managers over the sales executives, and in this sense, there was little control over the sales executives and how they conducted their business. The sales manager did not have the right to discipline the agents. Mr. Hara received regular performance reviews and attended regular sales training and improvement workshops and seminars. Mr. Hara had a written contract with No Risk Insurance (Pty) Ltd, but it did not actually state whether it was an employment contract or not. Throughout the written employment contract. Mr. Hara is referred to as an agent. Discuss whether Mr Hara is an independent contractor or employee using relevant sources of law (20 Marks) Source: Erasmus, S. 2022 S
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