Question

Anice hires Mariam to assist her with the general store duties. Mariam describes herself as an employee at La Bougee Boutique. Mariam works from 8 am to 4:30 pm from Monday to Friday, and from 8 am to 12:30 pm on two Saturdays a month. Mariam reports to Janice. Janice allocates Mariam with her work schedule for the week, which includes driving the company vehicle to undertake deliveries to clients. Mariam also assists with the administrative work. Mariam requires a day of leave for personal reasons. She approaches Janice; however, Janice tells her that she not entitled to paid leave as Mariam is an independent contractor. 1. Advise Mariam as to whether she is an employee or an independent contractor in terms of South African legislation. Justify your answer fully. 2. Suppose Mariam has some free time during her working day. Mariam decides to visit her friend Maxene who works at a clothing boutique about 10 km away from La Bougee Boutique. Mariam takes the company vehicle, however en route to Maxene's place of work, Mariam collides with a motor vehicle. Both cars are extensively damaged.

Is La Bougee boutique liable for the damaged caused. Discuss fully using the relevant doctrine. (You are required to apply the relevant doctrine to the scenario provided)

Answer 1

Step-by-step explanation:

Janice allocates Mariam with her work schedule for the week, which includes driving the company vehicle to undertake deliveries to clients. Mariam also assists with the administrative work. Mariam requires a day of leave for personal reasons. She approaches Janice; however, Janice tells her that she not entitled to paid leave as Mariam is an independent contractor.