Lodging a Grievance in the Workplace

A grievance is any complaint that an employee might have as a result of a workplace issue. Employers should have a grievance procedure in place to deal with any grievances raised by employees. This LegalFlow guides you as an employee through a grievance procedure, helping you to understand what you need to do to lodge a grievance and the steps your employer should take to respond to the grievance. If your employer doesn’t have a grievance procedure in place, they can go to the LegalFundi LegalFlow: Grievance procedures in place.

Shareholders Operating Agreement (Short)

Shareholder Agreement is a contract between shareholders of a corporation. It specifies shareholder rights and responsibilities and includes terms on internal management, share valuation, profit distribution, dispute resolution methods, and more within a corporation.

This will generally be utilised once business operations have commenced. If you are still developing concepts and offerings, and just need a method to protect your contribution and ideas and to help manage the relationship, we would recommend utilising the Founders Agreement as this will be more appropriate for your needs. This document will be here for when you are ready.

Founders Agreement: Pre-incorporation Startup Agreement (Extensive)

A Founders’ Agreement is a contract that a company’s founders enter into that governs their business relationships. The Agreement lays out the rights, responsibilities, liabilities, and obligations of each founder. Generally speaking, it regulates matters that may not be covered by the company’s operating agreement.

Ultimately, Founders’ Agreements are designed to protect each founder’s interests and memorialize that all founders are in agreement about the venture’s basic structure and how the founders will work together to move their business forward. Forging an agreement between all founders helps mitigate the risk of a lawsuit over who owns the business. There is a wide range of provisions that could be addressed in a Founders’ Agreement.

The template below includes provisions about:

*Transfer of ownership;

*Ownership structure;

*Confidentiality;

*Decision-making and dispute resolution;

*Representations and warranties; and

*Choice of legal authority... and more!

Website Terms & Conditions of Use

A Terms and Conditions of Use Agreement is a set of regulations which users must agree to follow in order to use a service. Terms of Use is often named Terms of Service, Terms and Conditions, or Disclaimer when addressing website usage. This agreement sets the rules that users must agree to in order to use your website.

For any online business which sells goods or services, a strong Terms and Conditions (T&C) agreement is just as important as choosing your site theme. However, T&C documents are often met with confusion by both businesses and consumers alike. Knowing what to include and how to approach writing them can be an intimidating prospect.

Memorandum of Incorporation

The Memorandum of Incorporation, or MOI, sets out the rules governing the conduct of the company, as specified by its owners. The Companies Act imposes certain specific requirements on the content of a Memorandum of Incorporation, as necessary to protect the interests of shareholders in the company, and provides for a number of default company rules / alterable provisions, which companies may accept or alter as they wish as long as it is in line with the Companies Act. Make sure to read through these provisions as they will help you understand the manner in which your business should be operating.

Joint-Venture Agreement

A Joint Venture Agreement is a contract used to set up a business arrangement between two or more parties who agree to combine resources for a limited time to accomplish a particular project or goal.

Joint ventures are a way to enter markets through the partnering of commercial resources. Within joint ventures, equity positions are usually taken by the participants. Such holdings can vary substantially in size, although it is usually important to establish clear lines of management decision-making control in order to achieve success. A lesser form of participation, which may or may not involve equity participation, involves strategic alliances.

Independent Contractor Agreement (Extensive)

Also known as a consultant or freelancer, an independent contractor is a business or individual that is typically self-employed and provides a product or service for a customer in exchange for monetary compensation. This contract will stipulate the services needing rendering, the time requirements around them, and the compensation expected in exchange.

This Independent Contractor Agreement is a written contract that spells out the terms of the working arrangement between a contractor and client, including:

This should not be used as a mechanism to avoid providing de facto employees with rights which they are deserved of under law. Because this mechanism has been abused within South Africa, regulatory authorities are very strict about protecting the employee. Here is a general differentiation:

Independent Contractor

Employee

Employment Agreement (Concise)

An Employment Contract is what employers and employees use to clearly outline the rights, responsibilities, and obligations of the parties during the work period.

Writing a will - A simple guide

Many people pass away without having made a will which can make it complicated for the people who are left behind to finalise their estate. Having a will means you decide who to leave your property, money and other belongings to. You also decide who will be the executor of your estate. This LegalFlow guides you through the process of drafting a will ensuring it is a legal document and will be legally binding when you die.

Applying disciplinary procedures

As an employer, you will often have to deal with cases involving an employee’s misconduct or potential incapacity. This LegalFlow will guide you through the process of dealing with misconduct that is both ‘less serious' and 'more serious' in the workplace, describing when you will need to hold a disciplinary inquiry and what solutions will be available for your business.

 

Responding to a claim of sexual harassment

The law requires employers to take steps, using either formal or informal procedures, to deal with complaints of sexual harassment made by employees in the workplace. This LegalFlow will guide you as an employer through both formal and informal processes ensuring you are following legal and fair procedures, that your employee feels engaged with and that your business is protected.

 

Managing Desertion

When an employee is absent from work for a period of time without informing their employer, it is called desertion. This LegalFlow will guide you as an employer through the legal steps you need to take to deal with desertion ensuring you follow fair procedures.

It is very important to distinguish between absenteeism without authorisation or permission and desertion. Absenteeism is when an employee does not show up for work at the required time and has failed to notify the employer of his reason for absence and his expected date of return. This absence tends to be short in duration. Desertion or absconding entails the employee's intention to no longer return to work.

Managing absence without leave (AWOL)

When an employee is repeatedly absent from work for short periods of time without informing their employer, it is called ‘absent without leave’ (AWOL). This LegalFlow will guide you, as an employer, through an initial assessment surrounding the situation and walk you through the appropriate legal steps which you will need to take in dealing with AWOL whilst ensuring that you follow fair procedures.

It is very important to distinguish between absenteeism without authorisation or permission and desertion. Absenteeism is when an employee does not show up for work at the required time and has failed to notify the employer of his reason for absence and his expected date of return. This absence tends to be short in duration. Desertion or absconding entails the employee's intention to no longer return to work.

Applying incapacity procedures

Where an employee’s poor work performance is not their fault, for example, if they are constantly absent due to illness, then incapacity procedures should be used to deal with the employee. The process to follow is different to a disciplinary enquiry for misconduct. This LegalFlow will guide you through formal incapacity procedures ensuring you are following fair procedures.

Referring an Unfair Dismissal to the CCMA

If you believe you have been unfairly dismissed, you can apply to the CCMA for unfair dismissal and ask for your job back or for compensation. This flow will guide you through the process of making the application to the CCMA, describing the processes of conciliation and arbitration,and explaining what you can do if your employer doesn't comply with a CCMA settlement agreement or arbitration award.

Partnership Agreement

A Partnership Agreement is an agreement between you and your partner(s) that sets out the duties and obligations of the partners to each other and to the partnership. It establishes the rights and responsibilities of general partners, and the rules of a for-profit partnership. As a general rule of thumbs, once operations are more established, a shareholder agreement will better dictate the terms of the relationship going forward.

Last Will and Testament RSA (Simple Language Format)

Many people pass away without having made a will which can make it complicated for the people who are left behind to finalise their estate. Having a will means you decide who to leave your property, money and other belongings to. You also decide who will be the executor of your estate. This LegalFlow guides you through the process of drafting a will ensuring it is a legal document and will be legally binding when you die.

*Plain text means that most legal language (legalese) has been drafted out and replaced with easy to understand language without compromising on the document’s quality.

Domestic Worker Employment Contract

This employment contract is intended to regulate the employment relationship between an employer and their domestic worker and is provided in plain language. Piece of mind to the industry without the legalese.

Non-disclosure Agreement (Disclosing_Short)

A Non-Disclosure Agreement is a contract used to maintain privacy in agreements where sensitive information is exchanged between two parties but with information sensitive to one group.

Non-disclosure Agreement (Mutual_Short)

A Non-Disclosure Agreement is a contract used to maintain privacy in agreements where sensitive information is exchanged by one party to another. This Mutual agreement aims to protect both parties within the agreement who have the potential to be sharing information to each other.

Claiming the minimum wage

If you are not being paid the statutory minimum wage for your sector, you can use this LegalFlow to guide you through an application to the CCMA or to the Department of Employment and Labour, to ensure your employer pays you the correct wage.

Website Privacy Policy

A privacy policy is a statement contained on a website that details how the operators of the site will collect, store, protect, and utilize personal data provided by its users. The definition of personal data includes names, addresses (physical or e-mail), IP addresses, telephone numbers, date of birth, and financial information, such as debit or credit card details.

In addition to outlining how the company will use the information, it also includes how it will meet its legal obligations, and how those sharing their data can seek recourse should the company fail to meet those responsibilities

Startup Health Check

A Legal Health Check can be referred to as a current and comprehensive evaluation of the crucial legal elements of your business. It provides you with several questions to help you concentrate on the business in a way that helps you see it from the point of view of an external expert. This begins with an assessment by you, in your capacity as the owner/manager independent of the business. It involves a comprehensive diagnostic on the legal upkeep, reuglation adherance and compliance within your business and the outcome will define the strength of the business while pointing out ways of improving your legal landscape.

The area of questioning include:

Business Formalisation and Structuring

Director Relationships and Corporate Governance

Fundraising and Financing

Intellectual Property

Website management

Employment and Labour management

Supplier chain stakeholder management

Property

 

Managing alcohol dependency at work

Alcohol abuse in the workplace is a serious issue impacting on employee safety, product quality and/or productivity. It is important to manage situations involving alcohol abuse appropriately and fairly. This LegalFlow guides you through three activities: Conducting searches for alcohol; Conducting alcohol tests; and Declaring an alcohol dependency, ensuring you are following legal and fair procedures.

Reporting an accident to Workmen's Compensation

The Compensation Fund provides compensation for workers who get hurt at work, or sick from diseases contracted at work, or for death as a result of these injuries or diseases. Employers have to pay into the Compensation Fund once a month and report any injuries sustained by an employee during the course of their work and/or any diseases contracted at work. This LegalFlow describes the process of reporting an injury or disease to the Compensation Fund, and the forms that you need to complete and submit.

Holding a disciplinary inquiry

In cases involving more serious misconduct, or when the behaviour has been consistent, an employer will need to hold a formal disciplinary enquiry. If you don’t follow correct procedures, the sanction, including dismissal of an employee, could be regarded as unfair. This LegalFlow will guide you through the formal disciplinary enquiry ensuring fair procedures are followed.

Applying for a SASSA COVID-19 Special Relief grant

During the COVID-19 lockdown the government made provision for a COVID-19 Special Relief Grant of R350 per month for people who qualify. This LegalFlow allows you to check whether you qualify for the grant and guides you through the application process if you do qualify.

Claiming compensation for work injuries or diseases

The law requires employers to be registered with the COIDA (Compensation for Occupational Injuries and Diseases Act) so if an employee dies, gets injured or contracts a disease during the course of their employment, they (or their dependants) can claim compensation. This LegalFlow allows you to check whether you qualify for compensation and guides you through the claim procedure that you and your employer need to follow.

Grievance Procedures in the workplace

A grievance is any complaint that an employee might have as a result of a workplace issue. Employers should have a grievance procedure in place to deal with any grievances raised by employees. This LegalFlow guides you as an employee through a grievance procedure, helping you to understand what you need to do to lodge a grievance and the steps your employer should take to respond to the grievance. If your employer doesn’t have a grievance procedure in place, they can go to the LegalFundi LegalFlow: Putting grievance procedures in place.

Applying for political asylum

Any person who comes to South Africa as an asylum seeker to escape persecution in their own country, must follow a legal process in order to remain in the country and to find work. This LegalFlow guides you through the process from the moment you step across the border all the way through to final recognition of your refugee status.

Getting a protection order

If you are the victim of abuse and you want protection from your abuser to stop them continuing the abuse, you can ask the courts for a protection order. This LegalFlow will guide you through the steps to take to apply for a protection order from the courts, and the steps to take if an abuser disobeys a protection order.

Applying for a NSFAS Bursary

If you want to study at a University or College and neither you nor your parents can afford to pay for your tuition, then you can apply for a NSFAS bursary. This LegalFlow will help you to check if you qualify for the bursary and, if so, guide you through the process of making the bursary application.

Lodging a sexual harassment claim at work

Employees have the right lodge a claim of sexual harassment with their employer if they believe they have been harassed at work. The law requires employers to take steps to deal with such complaints. This LegalFlow will guide you as an employee through a sequence of steps to take to report a case of sexual harassment and to understand what steps the employer must follow in deaing with the complaint.

Determining misconduct or incapacity in the workplace

It is important that business owners and managers have a clear understanding of the difference between misconduct and incapacity and how to respond to these situations in the workplace. This LegalFlow describes the different types of disciplinary actions, the evidence you need to prove misconduct or incapacity, and what procedures to follow.