Read the following scenario and answer the questions that follow:

Joshua works for HHK Contractors pty limited. HHK Contractors Limited has a contract to dig trenches for the installation of fiber optic cables. As per their internal policy, no open trenches are supposed to be left unmarked for safety purposes. Joshua is responsible for the digging of a 3km stretch along the M13 Highway. One Friday afternoon Joshua is extremely exhausted and forgets to put on the reflectors that serve as a caution to motorists and pedestrians. Since M13 is a busy road, one vehicle falls into the trench and causes a pile-up of three other vehicles. One of the cars is badly damaged and the occupants are seriously injured. Sbu, one of the injured people approaches HHK Contractors with a claim for damages. HHK consults with you on whether the company is liable for damages. With reference to case law and the general principles of vicarious liability, advise the Company on whether it is vicariously liable in the circumstances. 

Indicate how the situation would have been different if Joshua was an independent contractor. 

Consider whether an employee is regarded as a representative of the employer. 

Question 2 

The Employment Equity Act is informed by section 9 of the Constitution (equality clause) to ensure that the values and provisions of the Constitution are given effect to in employment environments. Discuss both substantive equality and formal equality as far as they relate to employment relations.

Question 3 

Discuss unfair discrimination as set out in section 6 of the Employment Equity Act. 

Provide a fictional scenario of a situation that may constitute unfair discrimination (not more than 150 words long).