Chapter 2

Question 1

What are the requirements for a valid contract?

Answer 1

Consensus
Capacity,
Lawfulness,
Possibility of performance and
Formalities.

Question 2

What is the term which refers to the essential elements which must be present in order to turn a generic contract into a specific contract?

Answer 2

essentialia

Question 3

What is the definition work?

Answer 3

to place one’s labour potential at the disposal, and under the control of another.

a person offers their service to another person/company.

Question 4

What is the definition of remuneration?

Answer 4

any payment in money or in kind, or both, made/owing to any person, in return for that person working for any other person or state.

according LRA section 213

Question 5

What is the definition of an employee according to the LRA section 213?

Answer 5

any person, excluding an independent contractor, who works for another person or the state and receives or is entitled to receive any remuneration.

Question 6

What are the tests under case law?

Answer 6

The organisation test
The control test
The dominant impression test

Question 7

What is the organistion test?

Answer 7

Examines how integrated the person is within the organization.

Question 8

What are some indicators of employment under the organisation test?

Answer 8

listed on the staff organogram, attends staff meetings, uses employer’s tools

Question 9

What is the control test?

Answer 9

Looks at the degree of control the employer has over the individual.

Question 10

What is an indicator of employment for the control test?

Answer 10

If the employer has the right to control what work is done and how it is done.

Question 11

What is the dominant impression test?

Answer 11

A composite test used by courts to assess the overall nature of the relationship, weighing all relevant factors.

Question 12

What is the indicator of emploment for the dominant impression test?

Answer 12

If, on balance, the dominant impression from all facts suggests an employment relationship, that will prevail — even if the contract is labeled otherwise.

Question 14

In which section and source create a statutory presumption of who an employee is?

Answer 14

section 200A of the LRA

Question 15

4

What are the duties of an employer?

Answer 15

1. Accept employee into service.
2. Provide employee with work.
3. Pay remuneration.
4. Pay safe working conditions.

Question 16

What are the duties of an empolyee?