Milemans Attorneys
Legal in Sandton

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Steve Mileman.
We have a small, old and experienced practice. You will get prompt personal service, quick efficient results and a reasonable bill. See our onlne services on our website.

You are the business Suitable for small business starting out. Partnerships Each partner is equally liable for the full amount of all the debs in a partnership. Business partnerships are the inevitable consequence of two or people starting a business. One should plan to form a company as soon as possible. Business Trusts This is not a popular business platform. It is a highly specialized option for business men with specific goals. This area of the law seems complicated and vague and as a result employers often do not understand what is required of them in terms of the labour laws. Get a code of conduct for your business that is short, quick and easy and will create a background for all procedural issues. It is really like an action plan for emotional situations. Whilst labour law is based on equity, meaning that the test is fairness, there is nevertheless a strict procedural code. It turns out it is definitively unfair not to follow the letter of the law but not necessarily fair to follow it meticulously. This illusive concept of fairness is determined in the CCMA with a pro-labour bias. You have to get the process right or it is almost always automatically unfair ! he guidelines are fairly clear but somehow employees and employers have disputes. Employees who approach the CCMA will often walk away with penalty awards against their employers, mostly because of procedural failures. What the law cannot deal with is that dismissing an employee is never a pleasant task. Most of us do not manage unpleasant tasks very well at the best of times. By far the best solution in a tricky situation is to arrange for a professional person to guide you through the procedure and chair the meeting. Most employees who approach the CCMA will get some sort of an award. There is always an opportunity at the hiring stage to write your own rules as between employer and employee. These aims should all be achieved by the regulation of a system of rules that, if you follow them, should never end in dispute or a penalty. In real life even the Human Resources Department in a large company will have disputes. But consider paying for the benefit of a skilled labour lawyer to write a simple Code of Practice for your business.