Legal Advice/ Legal Enquiries Applicable to both the employer and employee
In terms of this benefit, clients and Household Employees are entitled to telephonic legal advice between 08:30 and 16:00 during weekdays on the following non-labour related topics:
- Civil law matter including but not limited to blacklisting, debt review, Consumer Protection Act rules, the Small Claims Courts, motor vehicle accidents, Road Accident Fund matters.
- Family law matters including but not limited to child maintenance matters, divorce, parental responsibilities, and rights.
- Funeral and estate matters including but not limited to last will and testament, intestate succession, the Master’s Office.
- Criminal law matters, including but not limited to driving under the influence (DUI), crimen injuria, stolen goods, firearm contraventions.
Labour Law Matters This legal subject’s telephonic legal advice only extends to the employer/ the client, and not to the Household Employee
Guidance on the laws applicable to household employees: The household employees Act; employment contracts; various types of leave; working hours, rights of household employees; minimum wage; UIF regulations and more.
Termination of employment of Household Employees: disciplinary measures; misconduct; training; absenteeism; unfair labour practices; unfair dismissals.
Remuneration related to the Household Employees: minimum wage, annual increases; UIF; overtime, severance pay, unlawful deductions (breakages, etc.).
CCMA process and procedure: guidance on the whole process; timelines applicable; procedure; consequences; attendance; documentation.
Legal Guidance and Educational Information Packs
Legal Hero can provide the client with various educational packages containing valuable information pertaining to the laws relating to household employees. This benefit will ensure that the client (employer) is well informed.
Virtual disciplinary hearing
Legal Hero will offer each paid up client two (2) virtual disciplinary hearings per annum.
Legal Hero must be informed withing 48 hours prior to any hearing in order to prepare and send the relevant “Notice to attend a Disciplinary Hearing” document to the employer in order for him/ her to serve it on the household employee. Note that Legal Hero may exercise discretion in attending to any hearing earlier should same be necessary due to an emergency.
The hearing will be conducted virtually (Zoom or MS Teams) only, and Legal Hero will not attend to any hearing in person.
The client/ employer must send all supporting documents (letters, screenshots, photo’s, etc.) to Legal Hero as soon as possible in order to peruse and prepare.
The lawyer giving advice and drafting the Notice of Suspension and/ or the Disciplinary Hearing, will under no circumstances chair the hearing. This lawyer will only act on behalf of the employer during the hearing.
The hearing itself will be chaired by another lawyer arranged by Legal Hero, who will not have insights or documents in advance pertaining to the matter.
All disciplinary hearings will be conducted and finalized within 60 minutes on the designated day of the said hearing.
The written outcome of the disciplinary hearing will be sent within two (2) calendar days.
After the judgement has been delivered, the employee has five (5) days to appeal the outcome, which will necessitate an appeal Chairperson as also arranged by Legal Hero.
Note that, should the dismissed employee place the procedure in dispute, the CCMA may call on the chairperson and/ or the appeal chairperson of the disciplinary hearing to testify in person, wherever this might be. Legal Hero will not be responsible for the travelling and accommodation costs regarding the aforesaid.
Referral to a Panel Attorney at a reduced rate
In terms of this benefit, Legal Hero will negotiate a discounted rate/fee with one of Legal Hero’s panel attorneys in the client’s region should the employer wish to make use of this service.
Please note that the abovesaid referral fee will be for the employer’s own account, however, the employer will be saving thousands of Rands due to Legal Hero’s special rates contracted with our network of legal partners.
A verbal warning is a disciplinary measure where an employer speaks to an employee about an issue involving their behaviour, conduct, or job performance. It is usually the very first step of the disciplinary process.
1st written warning
This means that the employee is required to sign the warning to signify that he or she was received it, even if they do not necessarily agree with the warning being issued. A signed warning does not preclude an employee from appealing against it, nor does it invalidate the warning.
2nd written warning
The Employee Second Warning Notice describes the employee’s infraction and informs the employee that failure to make appropriate corrections will lead to further discipline up to and including discharge.
3rd written warning
If an employee fails to improve after receiving one or more written warnings, then the next step is to issue them with a final written warning. As the name suggests, this is the final stage of the disciplinary process before you dismiss the employee and it should only be used as a last resort.
Disciplinary hearing (Notice to attend a hearing)
A disciplinary hearing is a meeting between an employer and an employee when the employer wish to discuss an allegation of gross misconduct with an employee (or any other behaviour that merits disciplinary action).
A dismissal is when a contract of employment between an employer and employee is terminated by the employer. In other words, against the will of the employee.
U-19 (Certificate of Service)
Send an email request for U-19 document (Certificate of Service) to email@example.com. It will be mailed to the Employer and Employee.