Roberta Marley applied for an employment position with Dobson Accounting Inc, a medium-sized accounting firm specialising in offshore investment accounting. Two days after being interviewed telephonically, Roberta received an email from the HR Manager informing him that his application was successful, and he was told to commence his duties on the first business day of the following month. He also signed a contract enclosed in the email. Some terms of contract were that he would have flexible working hours, and would be entitled to other benefits such as pension and medical aid. A week before commencing work, Roberta was asked to send a biographical note and a photo of himself for the company's website. Two days after sending the biographical note, Roberta received another email from the HR Manager to inform him that the Managing Director of the firm has decided that the post for which Robert applied is going to be scrapped, and accordingly he does not have to report for duty as indicated in the previous email. The HR manager also informed Roberta that since he had not yet commenced work, there was no contract between him and the company. Roberta approaches you for advice and tells you that the reason why he was dismissed is that he disclosed in the biographical note that he is a transgender. Roberta is also concerned that the employer might argue that the contract signed was that of an independent contractor. Comprehensively advise Roberta on the tests used to determine whether one is an employee or an independent contractor.

Roberta Marley applied for an employment position with Dobson Accounting Inc, a medium-sized accounting firm specialising in offshore investment accounting. Two days after being interviewed telephonically, Roberta received an email from the HR Manager informing him that his application was successful, and he was told to commence his duties on the first business day of the following month. He also signed a contract enclosed in the email. Some terms of contract were that he would have flexible working hours, and would be entitled to other benefits such as pension and medical aid. A week before commencing work, Roberta was asked to send a biographical note and a photo of himself for the company's website. Two days after sending the biographical note, Roberta received another email from the HR Manager to inform him that the Managing Director of the firm has decided that the post for which Robert applied is going to be scrapped, and accordingly he does not have to report for duty as indicated in the previous email. The HR manager also informed Roberta that since he had not yet commenced work, there was no contract between him and the company. Roberta approaches you for advice and tells you that the reason why he was dismissed is that he disclosed in the biographical note that he is a transgender. Roberta is also concerned that the employer might argue that the contract signed was that of an independent contractor. Comprehensively advise Roberta on the tests used to determine whether one is an employee or an independent contractor.