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  • Are uncomplicated, friendly and professional,
  • Our fees are sensitive to the South African economy,
  • Have a team of professionals in all major Cities,
  • Function with integrity, attention to detail and are objective driven,
  • Use technology, innovation and internal processes to streamline your experience,
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SERVICES | AMASEVISI


In our ‘team’ we have Legal Practitioners (Lawyers & Attorneys) and other Professionals who offer parallel solutions. Our website menu items LEGAL PRACTITIONERS and OTHER PROFESSIONALS offer a summary of services and will help you decide which type of service provider to use. Please review both pages. Afterwards, if you are still not sure who to use please ask for guidance using the Immediate Action Form on the Contacts Page.

 

FREE OR FEE? SIMAHLA OKANYE UHLAWULE?


For free services you could engage with an organization such as legal-aid.co.za or visit justice.gov.za for free information. Depending on your issue any of the following organizations might be appropriate and mandated to help for free:

  • The National Consumer Commission,
  • CGSO,
  • CCMA,
  • Housing Tribunal,
  • For insurance or banking issues, you should contact the appropriate ombudsman.

If you are looking to hire a Professional we guarantee that the fees quoted will be reasonable and you will not be charged anything until you have accepted a quote or entered into an engagement letter. Payment options will be communicated and might include hourly, per project, fixed rate or retainer. See a Cost Guideline HERE. The use of a Legal Practitioner or Court should be engaged with only once you have exhausted all amicable and free options, or if the matter at hand needs legal guidance and an expert to expedite a solution.


E-CONSULTS


An E-Consult is an effective way to receive expedited support for select, once off or ad hoc matters. Please visit the menu item for more information on this process. CLICK HERE

 

OPERATIONAL DAYS & TIMES


South African Working days. No public holidays.

  • Monday-Thursday from 09h00-13h00 and 14h00-16h00.
  • Friday 09h00-13h00.

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Dismissal of Employees


In South Africa, the dismissal of employees is governed by labor laws to ensure fairness and legal compliance. Here's a simple guide to understanding how it works:

  1. Legal Framework:
    o The Labour Relations Act (LRA) is the main legislation that outlines the process and principles for fair dismissal in South Africa. It ensures that dismissals are both substantively and procedurally fair.
  2. Types of Dismissal:
    o Misconduct: Dismissal due to inappropriate behavior, such as theft, insubordination, or harassment.
    o Incapacity: Dismissal due to the employee's inability to perform their job, either because of poor performance or ill health.
    o Operational Requirements: Also known as retrenchment, this is due to economic, technological, structural, or similar needs of the business.
  3. Substantive Fairness:
    o Valid Reason: There must be a valid and fair reason for dismissal. For misconduct, the act must be serious and proven. For incapacity, there must be evidence of underperformance or medical incapacity. For operational requirements, a fair process of retrenchment must be followed.
  4. Procedural Fairness:
    o Misconduct and Incapacity:
    - Investigation: The employer must investigate the allegations or performance issues.
    - Notice: The employee must receive a written notice of the disciplinary hearing, detailing the charges and their rights.
    - Hearing: A fair disciplinary hearing must be conducted where the employee can present their case, call witnesses, and be represented.
    - Decision and Notification: The decision must be based on evidence, and the employee must be informed of the outcome in writing.
    o Operational Requirements:
    - Consultation: Employers must consult with the affected employees or their representatives to discuss the reasons for retrenchment, alternatives, and severance pay.
    - Selection Criteria: Fair and objective criteria must be used to select employees for retrenchment.
    - Notice and Severance: Employees must receive notice of retrenchment and severance pay as per the Basic Conditions of Employment Act (BCEA).
  5. Right to Challenge:
    o Unfair Dismissal Claims: If an employee believes their dismissal was unfair, they can refer the case to the Commission for Conciliation, Mediation, and Arbitration (CCMA) within 30 days of the dismissal.
    o CCMA Process: The CCMA will attempt to resolve the dispute through conciliation. If unresolved, it can proceed to arbitration, where a decision will be made.

In summary, dismissals in South Africa must be fair both substantively and procedurally. Employers must follow a clear process, provide valid reasons, and ensure employees' rights are respected. Employees can challenge unfair dismissals through the CCMA, ensuring a balanced and just approach to termination of employment.

The information on this page is not legal advice. Please engage with our team so we can assign your request to a Legal Practitioner. We look forward to being of service.

Dismissal of Employees