Employer protection retainer – All you need to know

What is it?
The employer protection retainer is an option provided by SDF Attorneys available to employers who require specialist labour law advice and guidance when dealing with employees to ensure that their interests and those of the company are always protected.

When can it be used?
An employer can ask for advice and guidance regarding any aspect of employment and labour law, including but not limited to the following:

  1. Letter of Appointment;
  2. Employment Contract;
  3. Retrenchments procedures and calculation and negotiation of severance packages;
  4. Substantively and procedurally fair suspensions;
  5. Disciplinary hearings;
  6. Charge sheets;
  7. Substantively and procedurally fair dismissals;
  8. CCMA referrals;
  9. Discrimination in the workplace;
  10. Gross insubordination.

What is excluded?
Any drafting that is required to be done in line with any of the above, any appearances that are required (at the CCMA or otherwise) as well as hard cost disbursements (including counsel and correspondent fees) will be excluded from the monthly retainer amount and will be charged for separately and invoiced accordingly.

What is the cost of the retainer?
The client (employer) is charged a set amount per employee (R150.00) per month to make up the total monthly retainer amount.

What is the cost of all additional work?
The client (employer) will be charged at our standard professional hourly rate for any drafting or representation.

What is the advantage of this retainer?
The employer will have the benefit of expert advice and guidance at any time when making important employment and labour law decisions in the workplace and this will ensure that labour disputes and complaints by employees are significantly reduced as all important policies and procedures will have been followed by the employer. This will also ensure that the employer’s case is as strong as possible, should the employee still decide to refer the matter to court or to the CCMA for adjudication. The employer always has the benefit of discussing any legal decisions that he or she is wishing to make with a legal professional, which will ensure that the employer is always protected and will not make any decisions that may jeopardise the company or be the cause of a legal claim against the company by an employee or former employee. With the employer protection retainer option, the employer can focus on the running of the business and does not have to concern himself with researching labour law and the consequences of suspending or dismissing an employee. The employer can simply refer the dispute, concern or question to SDF Attorneys where we, as labour specialists, can advise the employer accordingly without the employer having to lose valuable time that could be spent running his or her business.

The employer protection retainer is designed to protect and support the employer in a society where, for the most part, our labour and employment legislation only seeks to protect and support employees. Although this is necessary, some attention and respect must also be given to the employer and it is for this reason that the employer protection retainer was created by SDF Attorneys. We will worry about the legal aspects of all labour and employment decisions made by the employer, so that he or she does not have to.

Please contact us for more information about this option if you are interested in making your job as an employer more enjoyable.