Legal Services

Legal Services

There are often times when the average man in the street has no option but to turn to the services of a Legal Expert for resolution of issues revolving around bad service, bad debt and of course non-performance as well as work related issues.

We have partnered with top legal experts to assist you in all consumer and work related matters at rates well below the standard tariffs of the Law Society. You will however need to make mention of this website when contacting them to ensure that you are given the benefit of these reduced fees.

There are a number of Legal orientated services that can be obtained from this site and if you need to access any of them you are again advised to mention that you are making contact via Problem Solvers. Should you need any help or have any queries, please do not hesitate to email us at any time - info@problemsolvers.co.za

UNFAIRLY DISMISSED

or subject to

SEXUAL HARASSMENT.

Help is at hand. Read below.

EMAIL US or click here for more details.

1. LABOUR ISSUES FOR BUSINESSES.

In order to comply with all the various Labour Acts of the country everyone in business must have special

Employment Contracts especially drafted for them so that it is in the interests of the employer and each

company must have necessary codes of conduct for internal processes such as Grievances, Discipline and

sexual harassment. Once drafted specifically for your Company, the employees must be tutored on the

content of each and every contract and code. We can advise you on where to go to get your documents

drafted.

So please email us with any queries.

2. NEW DOMESTIC LAWS.

Since late in 2002 there has been a new law for Domestic workers - Chars, Maids, Child Minders,

Gardeners etc. This new law is called Determination 7 and each home or employer of domestics workers as

defined ( those who work more than 27 hours per month) MUST comply with this new act and have an

employment contract for their worker; must be registered with UIF; must have all necessary internal codes of

conduct etc. Please visit our Domestics Law page click here.

There are numerous people who can help the employer, but the best service vendor is someone

called Lesley Lissack who can advise you and supply you with a workable package for use at home. Lesley

can be contacted on (021) 5116385.Alternatively, email us here at labourlaw@problemsolvers.co.za

3. EMPLOYEES

All employees have a RIGHT to be treated fairly; to have in their confidential staff file a letter confirming their

employment; to have access to fair internal procedures in compliance with labour laws; and a right to ensure

that their employer complies with the Employment Equity Act and the Skills Development Act. At every

company or business there must be a concise and easy to understand code of conduct for discipline,

grievance and sexual harassment. It is very advisable to have a properly worded HIV / AIDS

awareness procedures book.

Employers should not try to draft themselves and ideally, must find an experienced professional to handle the

whole procedure - drafting specific codes of conduct and then teaching these to the employees, because it

is the RIGHT of employees to fully understand all the procedures and rules at a company.

Employees have the right not to be dismissed unfairly & this means that when the employer believes that an

employee has not obeyed instructions or done something wrong, the employee must be subject to

CORRECTIVE DISCIPLINE first by warning letters. Only where a major problem has occurred, like

theft, or acting improperly, or failing to correct problems previously warned about, can the employer resort to

to a Disciplinary Hearing where the dismissal of the employee can be called for. But the the employee MUST

be given a proper opportunity to defend itself.

A properly worded notice must be given to the employee stating the charges; the date, time and venue of the

hearing and the applicable rights of the employee.

The employer cannot be both prosecutor and judge and thus it is in the interests of fairness that the company

engage the services of a professional presiding officer.

Where an employee has a problem, they must contact us here at problem solvers at

labourlaw@problemsolvers.co.za or for more professional advice, click here; We also have a list of

practitioners who can help with advice, prepare defense statements for hearings, draft grievance applications

and similar.

4. PROMOTION OF ACCESS TO INFORMATION ACT (PAIA).

This new act compels ALL businesses to draft what is called a Manual (a document that lists all information

in the possession of the company) and to publish this Manual at the Government Printer, the SAHRC and on

their web site. From there, ANYONE must have access to this Manual in order to choose what information

they want to request from the company.

This act refers to ALL BUSINESSES whether you are a (Pty) Ltd, a cc, or even a sole trader (an

architect, Lawyer; Doctor etc) and also, anyone WHO WAS IN BUSINESS up to 5 years ago must

comply.

Even though the minister has extended the necessity for each employer to have published their Manual by

August 2003, it is advised that all people in business obtain the best possible advice now on how

to comply with this New Act. We have heard that there are some "practitioners" claiming that it will cost

R10,000 to draft a Manual. This is absolute nonsense. Yet others ..... the fly by night types, will draft a piece

of paper and charge anything from R500 TO R1000. The piece of paper is in fact, worthless. So YOU need

to be sure that you are obtaining the best possible and most cost effective advice.

The cost of publishing just at the Government Printer are presently at R275 per page so the Manual must be

written in such a way that while it complies with the PAIA it is both cost effective and drafted in such a way

that it protects the best interests of the company.

The Manual must be carefully drafted in the best interests of the Company and must record what would be

strictly confidential otherwise anyone may be able to access anything and the company cannot refuse.

Also, this PAIA does not just revolve around the Manual. There must be an Information Officer to whom all

requests must be forwarded and the manual must be updated regularly. This Information Officer must know

EXACTLY how to comply with requests received; when to respond and when and how to "say no". So

choose wisely.

Our best recommendation is that use professionals that are now known to us who work with this PAIA on a

daily basis and that you pay a visit to their site. CLICK HERE.

5. APPRAISEMENTS - ( For Deceased Estates and Capital Gains Tax in particular)

If you own a property it is in your interests (especially in the light of Capital Gains Tax) to appoint a

professional Appraiser to draft a proper Appraisement and Valuation and serve this on the Receiver of

Revenue. Also, you may need an Appraiser for a deceased estate. If you have a query in this regard please

email us at info@problemsolvers.co.za and title your email Appraisements.

6. FAMILY VIOLENCE

There are so many instances where a spouse is abused.

If you have a problem at home, do not hesitate to email us and we will TRY to help and advise you.

7. CRIMINAL AND CIVIL LAW.

If you have a problem or query or want a recommendation on who to use, please email us; If

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