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Dismissals Summary for Exam
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Summary of Dismissals with key points of what to look out for in the exam. There is great exam technique as well.
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Unit 4Chapter 2
When will an employer be held vicariously liable for the employee?
When the employee commits an unlawful act.
When the employee does not obey the instructions given by the employer.
When the act takes place in the scope of employment.
When the employee causes damage to another person.
Must be an employer-employee relationship.
Act must be unlawfull.
Act must be intentional or negligent.
[Use requirements to answer question]
Can the employer be held liable for the damages caused by an independent contractor?
No, in terms of employment law, the employer will not be liable for the damages caused by the
independent contractor. [1] Employers can only be held vicariously liable for actions of their employees
that were performed in the course and scope of their employment.
Dominant impression test is used to determine if someone is an independent contractor.
Persons earning above threshold aren’t protected by BCEA, and dominant impression test
applies to them.
In terms of this this test all factors which indicate that a worker is an employee are qualitatively
weighed up against all factors indicating the worker is an independent contractor to determine if
the dominant impression created is that the individual is an employee or an independent
contractor.
Only fixed term employment contract needs to be in writing.
Employees are not protected against unfair dismissals and discriminations from clients.
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