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2.1 Mampho, who is an unemployed, but qualified accountant, was invited by a friend to a birthday party. While at the party she met the
2.1 Mampho, who is an unemployed, but qualified accountant, was invited by a friend to a birthday party. While at the party she met the owner of Maphosa Nuts Factory ('MNF'), Ms Mothiane and the two exchanged phone numbers. The following day, Ms Mothiane called Mampho and told her that, the factory needs an accountant and they both agreed that Mampho would start on Monday. Unfortunately, on Monday Mampho missed the bus and could not report for work. The following morning, she woke up very early, caught the bus and arrived on time only to be told that, She felt betrayed and claimed to have been dismissed. However, MNF argued that, Mampho was not employed and could not, therefore, claim dismissal. Answer the following questions: (i) Discuss the legal position regarding the situation Mampho and MNF find themselves in. Your answer must cover the following: whether there was an employment relationship between them; whether there was a dismissal; if indeed there was a dismissal, whether it was a fair sanction and the legal remedies if any, Mampho has someone else was called the previous day to take up the job
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