What this involves
A registered social worker on our team handles the human side (assessment, mediation, referral to counselling or medical support) while an Attorney handles the legal side (incapacity procedure, disciplinary process, and the employer's obligations under the LRA and Employment Equity Act), so the two run together instead of the legal process outrunning the person's actual wellbeing.
For an employee: if ill health, injury, or a mental health condition is affecting your ability to work, or you are experiencing harassment or a hostile environment, we can advise you on your rights, including incapacity procedure fairness, reasonable accommodation duties, and, where it has gone that far, a CCMA referral — alongside a social worker's support in dealing with the personal impact.
For an employer: incapacity dismissals and harassment complaints are two of the easiest ways to end up with an unfair dismissal or unfair labour practice finding at the CCMA if the process is rushed or undocumented — we help run a fair, properly documented incapacity enquiry or workplace investigation, informed by a social worker's assessment rather than guesswork.
Where the underlying issue is a diagnosed condition or disability, we also advise on the employer's duty to reasonably accommodate under the Employment Equity Act, and on drawing the line between legitimate accommodation and an undue operational burden.
How long does it take?
An initial assessment is usually available within a week. A full incapacity or workplace investigation process commonly runs 4 to 8 weeks.
What will it cost?
R6 000 to R15 000 excl. VAT
Covers: An initial assessment with our social worker and Attorney.
Based on 4 to 10 hours of Attorney time at our rate of R1 500 per hour, excluding VAT.
This is an estimate, not a quote. The final fee depends on the facts and how complex your matter turns out to be, and your Attorney confirms it in writing before work starts. Court fees, sheriff’s fees, counsel and other disbursements are charged separately.
Ask for a firm quoteThis page is general information, not legal advice for your situation. See our Disclaimer.