QUESTION 3

(a) Kimberly was recently hired as a baker at Bakerells Cottage. She was provided an apron, baking utensils and had to sign an employment contract. She is to work from 9.00am to 6.00pm, Mondays to Fridays and has the weekends off. Kimberly will usually conduct beginner baking classes over the weekend as she would like to save up to start her own baking business in the near future. Based on the scenario, interpret the three (3) main tests and identify if Kimberly is an Employee or an Independent Contractor. Apply the facts of the scenario to your justification. (9 Marks)

(b) (i) Maxwell has recently been engaged by a property developer to broadcast the contemporary units that are available. The terms of his engagement are clear and for the duration of 3 years. Interpret and describe the type of agency creation and at least six (6) statutory duties he is likely to have. (10 Marks)

(ii) If Maxwell wishes to terminate the agency relationship, indicate the options that are available to him to do so and the most common type used. (6 Marks)

[Total: 25 Marks]