QUESTION 1 (25) Allison is a devout Muslim. She is employed as a public relations officer at a marketing company. She forgets to give her boss an important message which causes her boss, Mrs Monster, to lose her temper and swear Allison in blasphemous language. Allison is very insulted and resigns immediately. She now claims that she was constructively dismissed. Examine fully on what is meant by 'constructive dismissal' and what needs to be proved by Allison before she can claim that she was constructively dismissed by Mrs Monster. Refer to relevant case law. QUESTION 2 (25) Abu is a gardener. He enters into an agreement with Mary in terms of which he agrees to tend to her garden on a weekly basis. Abu's working hours are from 8am to 5pm. Abu uses Mary's gardening tools such the spade and rake and uses the uniform provided by Mary. Mary is unable to supervise Abu as she is at work during the day. Abu is paid a salary of R5000.00 per month. Abu signs a contract with Mary which clearly states that he is an independent contractor. Critically discuss the various tests used by the courts to determine whether Abu is an employee or an independent contractor. Refer to legislation and case law where necessary. QUESTION 3 (25) Samson is employed by Eskom Property as a driver. Samson is provided with a truck marked as Eskom Property for the purpose of carrying out his job functions. Samson is prohibited from giving lifts to any person without the consent of his employer. On the 12th of July 2017, Samson offered a lift to Mary, a hitch-hiker; and along the way negligently causes an accident during which Mary sustained severe injuries. Advise Eskom Property on their liability for Mary's injuries. QUESTION 4 (25) Examine and argue the various ways in which an employment of contract may be terminated.