FAQ
Frequently asked questions
Do I have to pay anything upfront?
No. We work on No Win Fee Basis.
How do you settle cases?
A. All clients sign a Power of Attorney when they come on board.
Which Fee is applicable?
a. We charge Mandate Fee and not Contingency fee.
b. Mandate Fee is used in many industries including Financial, mergers and acquisition, real estate industries.
c. In South Africa the Contingency Fee Act is meant
"To provide for contingency fees agreements between legal practitioners and their clients; and to provide for matters connected therewith". Refer to the Act https://bit.ly/3jM2hM8.
d. Clearly, we are not legal practitioners thus it does not apply to us.
e. The Act states that "the total of any such success fee payable by the client to the legal practitioner, shall not exceed 25 per cent of the total amount awarded".
f. The Act allows for disbursements. In practice, attorneys do bill for such.
g. The final percentage is typically in the north of 35%, hence the notion that a client may only expect to be charged a capped rate at 25% is a misinformed.
h. A fixed 33% allows for for certainity.
i. The rate is fixed irrespective of the outcome.
j. I the event of a no win outcome you wil owe us nothing.
How are settlements proceeds procesed?
-Employers failure to append references to payments.
-Employers failure to submit the required tax directive.
-Employers failure to account for deductions.
- Employer’s failure to provide us with payment notification documentation.
F. In all the above situations, we cannot allocate payments.
G. We engage with employers for outstanding documentation.
H. Payment would then be made promptly and the case closed.
What is the profile of your employees that handle settlements?
generally poor, and that they were ill-equipped to practise law in a professional environment." Refer to this link https://bit.ly/3kT1Gtv for the CHE LLB Report.
CCMA Legal Representation
A. We settle between 70 and 90% of our cases at CCMA Conciliation stage.
Is Employment Law Experts a law firm?
A. We are not a law firm.
B. We are a Labour Law Consultancy. South Africa has thousands of such companies.
C. SA Laws do not require one to be an attorney for purposes of resolving labour disputes. This is consistent with the jurisprudence of more than a hundred countries. Refer to ILO National labour law profiles. https://bit.ly/34PZPQl.
D. We accordingly employ individuals from different backgrounds and train them on different skills and applicable Employment law aspects.
E. We run on business management principles and seek to offer the highest client services possible.
Is Employment Law Experts part of the CCMA?
Is Employment Law Experts part of the CCMA?
A. We are not a part of the CCMA.
B. The CCMA is an independent public CCMA tribunal.
C. The services of the CCMA are Free.
D. Herewith a link for the CCMA web site: https://www.ccma.org.za.
E. We refer cases to the CCMA on behalf of our clients and prepare them for appearance.