Discuss driver chance of claiming his medical expenses


Assignment task:

Assume that Geoff consumes alcohol during one of his shifts. One of Geoff's main duties is to assign vehicles to independent contractor drivers for the delivery of goods. The alcohol affects the level of concentration that is required for Geoff properly to perform his duties. Accordingly, Geoff assigns a broken truck to one of the independent contractor drivers. As a result of the broken truck, the driver is involved in an accident and sustains serious injuries. His medical expenses amounts to R20 000. When Geoff is confronted by his employer, he says that he has been suffering from depression and that he is an alcoholic. Geoff provides the employer with reports from his therapist confirming that he is an alcoholic. Answer the following questions:

1. Discuss the importance of the distinction between an 'employee' and an 'independent contractor' within the labour law context.

2. Discuss the ground on which the employer could potentially dismiss Geoff under these circumstances.

3. Fully discuss the driver's chances of successfully claiming his medical expenses from the employer.

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