ABSTRACT
Judgments of the courts interpreting and applying these legislative provisions have contributed seminally to the development of our employment law system. One of the key questions which must be asked when dealing with an employment law query is whether or not a contract of employment is in place. If a person is not an employee, they cannot benefit from the protection bestowed upon employees. It is not enough that a party is simply working for another. The answer to this is not found in legislation, but is part of the common law. Acourt when seeking to identify whether a person is working under a contract of employment will ask whether or not the person is self-employed. Where the answer is no, employment is established.
