QUESTION FIVE

Selena works at Jackson s coffee shop as a singer. She performs every day from 5 pm until 7 pm. Selena also received a uniform with Jacksons shop information to wear during her performance. Selena was given a contract from Jackson for a period of 2 years, and she is often invited to join staff parties and social events which are hosted by Jackson. Selena submits invoices and charges VAT as she belongs to a closed corporation which has two (2) other people in it.

5.1 You are required to list the differences between an employee and an independent contractor. (6 Marks)

5.2 Based on the set of facts above determine as to whether Selena is an employee or an independent contractor. Justify your answer fully. You are required to cite the applicable case law. (9Marks)