Terrance's occupation is repairing ice-cream machines. Primarily Terrance works for Pop-cycle, a company that produces ice-cream on large cylindrical turn-tables. It is very unique and Terrance's work is quite specialized. Terrance has been repairing ice-cream machines for nearly ten years and had purchased his own specialized equipment to do so. Every now and then he uses one of Pop-cycles wrenches or spanners when he forgets his at home or at another job. Terrance has a young daughter and he likes to pick her up from school each day, so Terrance never works past 2pm. He arrives at Pop-cycle very early some morning and on others, a bit later. Pop-cycle is very strict about their look and insist that Terrance always wear a Pop-cycle uniform while on the premises, which Terrance does. If a job is particularly difficult Terrance will ask for a bit more money from Pop-cycle who willingly pay the extra money for the hard work that Terrance does. At the end of the year Terrance would like to have an operation on his knee in order to be able bend to the ice-cream machines more easily. He seeks paid sick leave from Pop-cycle and is very shocked when Pop-cycle refuses stating that Terrance is only an independent contractor. A representative of Pop-cycle even pulls out the contract they have with Terrance that states that this is not an employment relationship.

Terrance comes to you for advice as to whether he is entitled to paid sick leave from Pop-cycle.

Lorraine sees an advertisement for a position at Pop-cylce as a marketing coordinator. She is very keen on the position as she currently works as a marketing assistant and would like to become a coordinator. The advertisement is very attractive, stating that the successful applicant will be involved with the upcoming Sugar & Spice Festival and will have a hands-on role in communicating the relevant stakeholders and potential commercial clients. Lorraine is very pleased to read this as she has mainly worked in marketing that focusses on the public as clientele and not with other companies. She would like to hone her skills in this regard and this is one of the main reasons she applies for the position. At the interview, the HR representative explains that the current marketing coordinator is being promoted to marketing manager and that is why they are looking for a marketing coordinator. They are also looking for a marketing assistant as well. Further the HR representative tells Lorraine that she will have the opportunity to work with skilled chef, Harry Harold, who is renowned for his ice-cream flavors and creations. Lorraine is keen on this as she is also a budding chef and ice-cream is her speciality. She's hoping that along with marketing for Pop-cycle, she is will also be able to contribute in terms of flavor offerings. After her interview she is offered the position which she quickly accepts. The contract is very simple and does not include much in it other than the really standard terms such as hours of work, pay, leave entitlements etc. Lorraine signs the contract and start the very next week. On her first day she meets Westin, the new marketing manager. She also meets Daisy, the new marketing assistant. The first few days go well and Lorraine meets the team and learns how Pop-cycle works. It is in her third week that she starts to notice things are not quite as she expected. Westin has given her a lot of paperwork to get through in order to 'learn' about the company and to get across the history of the company's relationships with their clients. Lorraine has noticed that Daisy has been introduced to the business development team and has been working on the Sugar & Spice Festival set-up and marketing materials, while Lorraine hasn't left the pile of paper at her desk once. As the festival comes closer, Lorraine decides to approach Westin about the issue and is very surprised when Westin tells her that it would be better if she didn't attend the festival as it is against company policy to have someone so new in the company actually talk to potential clients. Lorraine is very upset about this and goes into the ice-cream storage facility to take a few minutes and 'cool' off. While she in there she meets Grady, one of the assistant chefs. When Grady asks Lorraine what the matter is, Lorraine tells Grady the entire story and Grady nods in understanding. He eventually tells her not to expect too much from Westin. When Lorraine asks why Grady explains that Westin held the position of marketing coordinator, the position that Lorraine has just come into for more than ten years before finally being promoted to the position of marketing manager and he is not keen for Lorraine to progress of succeed in the position because she is so young and has her entire career ahead of her. Grady then asks Lorraine if Daisy is treated the same way. After thinking about it Lorraine realizes that Daisy has had a lot more opportunity than Lorraine has since her arrival. Daisy is in her mid fifties.

Furious at this development, Lorraine heads to the door of the freezer storage room and tugs on the handle to open it. Instead of opening, the handle slides out of place and locks both Lorraine and Grady in the freezer. Lorraine is knocked back by the unexpected release of the handle and bumps into a deep freezer behind her, knocking her head quite badly. Grady explains to Lorraine that this sometimes happens and she needs to be careful with the freezer handle as it is faulty and can give at random times. It takes five full minutes before one of the other employees passes by and sees Grady waving through the freezer window and frees them from the freezer. Lorraine goes to the doctor for her head injury and is told she has a mild concussion. For the next few weeks Lorraine experiences terrible headaches and trouble concentrating. When Lorraine approaches the factory floor manager about the freezer door handle, she is dismissed easily and is told the real emergency would be if no one came around as the only other exit is through a safety door on the other end of the freezer that Hans't worked in over five years. After some further queries Lorraine finds out that it would take significant effort to fix the emergency door in the freezer as the other side of the door leads to a dead-end wall that is twenty centimeters thick and would require serious construction to break through.

QUESTIONS:

Lorraine comes to you for advice. She wants to know:

1. whether the statements made in the advertisement and interview form part of the contract she has with Pop-cycle :
2. Whether she can bring a claim for discrimination :
3. Whether she can claim for her injury :
4. Whether Pop-cycle has a responsibility to fix the freezer handle and the emergency exit :

Realizing that her career at Pop-cycle is going to be a slow one, Lorraine starts to work on her ice-cream flavor in her spare time. She experiments on her lunch break in the Pop-cycle kitchens and at home. She finds several of Harry Harold's recipes which she jumps ideas off of. After using the Pop-cycle kitchen to create a very uniquely flavor, she shows it to Chef Harry Harold. Harry Harold spits it out and tells her she is an amateur. Lorraine is very upset by this. She takes her new recipe and goes to several other ice-cream companies. She is made serval offers for her recipe and finally chooses to sell it to Pop-cycle's competitor, LittleMelts Ltd. She subsequently quits her job at Pop-cycle and goes on a luxurious holiday with the money she has made from her recipe.

e) Please advice Lorraine whether Pop-cycle has any claim to her recipe: