What is an Initial Consultation?

An Initial Consultation is a structured session in which we assess your legal matter, clarify your legal position, and determine the most appropriate course of action. This includes determining whether advisory guidance, formal legal steps, drafting, dispute resolution, or representation is required. It is the recommended first step for most clients.

Does HvS Attorneys only provide advice, or does it also take legal action?

HvS Attorneys provides both. Following a consultation, we can advise, draft, correspond, file, represent, and take the necessary formal legal steps depending on what your matter requires. We handle both the advisory and execution components of your legal matter.

Are consultations online or in-person?

Consultations are primarily conducted online, making quality legal assistance accessible across South Africa. In-person meetings are available at our Illovo, Sandton offices by appointment where appropriate.

What areas of law does HvS Attorneys cover?

We focus on six core practice areas: Business and Commercial Law, Employment and Labour Law, Property and Rental Law, Wills and Estate Planning, Litigation and Dispute Resolution, and Digital and Technology Law.

I am not sure if I need a lawyer. What should I do?

Book an Initial Consultation. It is structured specifically to assess your situation, clarify whether you have a legal matter requiring formal action, and identify the most appropriate and proportionate steps to take.

What happens after a consultation?

Following the consultation, we provide a clear legal strategy and recommended course of action. Where further legal work is required — drafting, correspondence, filings, dispute handling, or ongoing legal assistance — we will outline the scope and proceed accordingly.

How does billing work?

We work on fixed fees — you will know what you are paying before we begin. For litigation matters, we charge at key milestones in the process rather than by the hour. There is no open-ended billing at HvS Attorneys. Following your Initial Consultation, we provide a clear fee proposal before any further work proceeds.

How to Dismiss an Employee Fairly in South Africa

Employment dismissals are one of the most legally sensitive actions a South African employer can take. The Labour Relations Act requires that every dismissal be both substantively and procedurally fair. A failure on either ground can result in reinstatement or compensation of up to 12 months’ remuneration.

Substantive fairness: the reason for dismissal

Substantive fairness asks whether there is a valid reason for the dismissal. The three recognised categories are:

1. Misconduct

The employer must show that the employee committed misconduct serious enough to justify dismissal. Not all misconduct warrants dismissal — the sanction must be proportionate to the offence. A first-time minor transgression will rarely justify dismissal; repeated or serious misconduct (dishonesty, insubordination, violence) generally will.

2. Incapacity

Incapacity covers poor performance and ill health. For poor performance, the employer must show the employee was aware of the performance standard, failed to meet it despite being given a reasonable opportunity to improve, and that dismissal is an appropriate sanction.

3. Operational requirements (retrenchment)

Retrenchment requires a genuine operational requirement — economic, technological, or structural. The selection criteria must be fair and objective. Employers of more than 50 employees trigger the full section 189A consultation process.

Procedural fairness: the process

Even where the reason is valid, a flawed procedure will render the dismissal unfair. For misconduct dismissals, the standard procedure requires:

A written notice to the employee specifying the allegations
A reasonable opportunity to prepare a response
A disciplinary hearing before an impartial chairperson
The right to be represented by a fellow employee or union representative
A written outcome communicated to the employee

CCMA referrals

An employee who believes their dismissal was unfair has 30 days from the date of dismissal to refer the dispute to the CCMA. Employers who do not respond properly risk a default award.

HvS Attorneys advises employers on disciplinary procedures, represents employers and employees at the CCMA, and drafts employment contracts and disciplinary codes. Speak to us before you take action.