X is employed by company ABC to deliver sandwiches at various office blocks in the area. He uses the company's bicycle to do deliveries. One day, X looks at his phone whilst on his way to deliver sandwiches and accidentally bumps into Nana. Nana breaks her leg and incurs medical expenses. Nana wants to know if she can claim any damages from company ABC.

1.1. Can Nana claim any damages from company ABC. (2)

1.2. What are the requirements that need to be met before the employer can be held liable. (3) 1.3. Give an example of a case law which supports the use of the above claim for damages. (5) QUESTION 2 Slow Joe sold newspapers for a Sunday Newspaper, XYZ. This was his only source of income as he was unemployed during the week. XYZ, had an area manager who called the vendors every Friday to arrange where and when they will be picked up. The vendors were paid on commission basis. When Slow Joe's services were terminated, he claimed unfair dismissal. Slow Joe claimed that he was an employee because he reported to the area manager, he was supplied with the tools of trade (posters and newspapers to sell) and he was economically dependent on XYZ. In terms of s200A, Slow Joe was consequently presumed to be an employee.

2.1. Define the term employee according to section 213 of the Labour Relations Act 66 of 1995. 2.2. XYZ was given an opportunity to rebut this presumption and comes to you for advice. Outline 4 facts that XYZ would put forward to show that Slow Joe was not an employee. (4) 2.3. What did the above test indicate in relation to Slow Joe being an employee of XYZ. (2) 2.4. Will XYZ succeed in rebutting the claim made by Slow Joe? (2)

QUESTION 3 Mokhatana is a former employee of Magic Bullet Company where she was employed as a Secretary for the Finance Manager. Since February 2022 until her resignation in September 2022, she had been feeling depressed and did not want to go to work due to the conduct of her fellow colleague Christoffel. Christoffel is the Finance Manager and remains employed by Magic Bullet Company. Before she resigned, Christoffel used to make sexually suggestive comments towards Mokhatana including commenting on how Mokhatana was dressed. At times, Christoffel would touch Mokhatana's waist and whisper in her ears or slap her from her behind. Mokhatana asked Christoffel many times to stop touching her inappropriately as she was not interested in him. However, Christoffel insulted her and said that she should instead be grateful that he was giving her the attention since no other man would even date her. Mokhatana eventually reported Christoffel's conduct to the Human Resources Manager. The Human Resources Manager promised Mokhatana that the issue would be dealt with urgently. However, nothing came to fruition and Christoffel continued with his conduct. Mokhatana later found out that she would be travelling to Durban with Christoffel and raised another complaint with the Human Resources Manager. However, the Human Resources Manager informed her that there was nothing she could do Mokhatana was Christoffel's secretary. The Human Resources Manager further made it clear that Mokhatana had no choice in the matter and must travel to Durban with Christoffel. Mokhatana resigned in protest stating that she does not want to be near Christoffel in such a private setting. Mokhatana is deeply upset and now wants to sue her former employer Magic Bullet Company for unfair discrimination. However, she does not know on what grounds she will be suing the employer and whether she will be able to do so. Answer the following questions:

3.1. With reference to the relevant legal authorities, identify and discuss the ground upon which Mokhatana can sue Magic Bullet Company for unfair discrimination. (10) 3.2. With reference to the relevant legal authorities, discuss the liability of Magic Bullet Company for the unfair discrimination suffered by Mokhatana. (5)

3.3. Sibusiso, who is also a labour practitioner, writes an SMS to Mokhatana telling her that her resignation was in fact an unfair dismissal under the Labour Relations Act. He convinces her that she should sue the employer for unfair dismissal too. With reference to the relevant legal authorities, discuss whether Mokhatana's resignation amounts to an unfair dismissal under the Labour Relations Act and comment on the prospects of her success. (10) QUESTION 4 Thabang works for Speedy Trucks as a driver. The Company has an early retirement scheme in place. Employees wishing to enter the early retirement scheme must be 55 years old. The Company, however, still has the discretion to refuse employees entry into the scheme. Thabang is 55 years old, and he applies for entry into the scheme. The Speedy Trucks refuses him entry into the scheme stating that it is the company's prerogative to enter employees into the scheme and the company has decided that he cannot enter the scheme. Thabang was aggrieved by this, and he approaches you for advice. He would like to know if the Speedy Trucks is entitled to refuse him the benefit of entry into the early retirement scheme. With reference to the relevant legal authorities, discuss whether Thabang is entitled to the early retirement scheme and discuss any remedies available to him.