Double trouble: Consulting for a fair retrenchment

Author: Prof Rochelle le Roux
Director of the Institute of Development and Labour Law; Professor in the Faculty of Law, University of Cape Town (UCT)

Most employers and employees have a broad understanding that the fairness of a dismissal rests on both a substantive and a procedural leg.

On the one hand, substantive unfairness, in broad strokes, suggests that an employee who should not have been dismissed, had been dismissed.

The legislature had chosen to express substantive fairness with reference to the employee’s misconduct or incapacity and the operational requirements of the employer. A dismissal for the latter reason is often referred to as retrenchment.

On the other hand, procedural unfairness implies that the employee had not been given an opportunity to be heard by the employer before the dismissal was affected. There is at least one practical reason for distinguishing between procedural and substantive fairness: when a dismissal is unfair only because the employer did not follow a fair procedure, the competent remedy is generally only payment of compensation and not reinstatement as would be the case when the dismissal is either substantively, or both substantively and procedurally, unfair.

However, maintaining a separation between procedural and substantive fairness is not always easy. While it is perhaps easier to do so in the case of misconduct and incapacity, the lines between the two forms of fairness can sometimes be very blurred, particularly in the case of retrenchment. Key to a fair retrenchment is that it relates to the employer’s operational needs and can only be effected after notice and consultation with affected employees, either through their trade unions or directly with them.While it is fairly obvious that a retrenchment that is not truly based on the employer’s operational needs, but an underhanded attempt to get rid of, for instance, poor performers, will be substantively unfair, the potential for substantive unfairness does not stop there.

Legislation requires the employer to first give notice and then to consult with affected employees on a number of topics. This is generally regarded as the procedural leg of a retrenchment. However, it is not as simple as it may seem. Not consulting on a statutory prescribed topic will render the subsequent retrenchment procedurally unfair, but the implementation of that topic, regardless of whether it has been consulted on, speaks to substantive fairness and the subsequent retrenchment can still be substantively fair even if no consultation on that topic had taken place.

This rather confusing statement is perhaps best explained with reference to the criteria for selection for retrenchment which is a statutory prescribed topic for consultation. However, the legislation envisages that the employer may nonetheless proceed with the retrenchment using fair and objective criteria if the consulting parties, after meaningful consultation, cannot reach agreement on selection criteria.

Failure to consult on the selection criteria will render the retrenchment procedurally unfair. Failure, in the absence of an agreement, to use criteria that are fair and objective or failure to apply the agreed or fair and objective criteria, will render the dismissal substantively unfair. This is so because if the ‘wrong’ criteria are applied, it can result in the dismissal of an employee who should not have been dismissed.

This implies (somewhat counterintuitively) that the absence of meaningful consultation on selection criteria does not per se imply that the selection criteria used were not fair and objective and that the retrenchment was substantively unfair. In other words, an employer who does not consult on selection criteria, but still uses criteria that somehow are fair and objective, will be off the hook in terms of substantive fairness, but will be in trouble as far as procedural fairness is concerned.

This fascinating interface between procedural and substantive fairness is explored in detail in Retrenchment Law in South Africa, published by LexisNexis South Africa. Retrenchment Law in South Africa provides a detailed and comprehensive analysis of retrenchment law in South Africa and covers complex issues such as bumping and timing periods in the case of large-scale retrenchments.

The book provides new, critical insight into the interplay between case law and legislative developments and examines the meaning of the term ‘operational requirements’ with extensive reference to case law and use of creative examples and hypotheticals.

Retrenchment Law in South Africa is an invaluable guide for labour law practitioners, post graduate students, union officials, commissioners/arbitrators, HR managers and directors, labour consultants and judges. It is available from LexisNexis online bookstore at https://store.lexisnexis.co.za/products/retrenchment-law-in-south-africa-skuZASKUPG2174

Continue reading “Double trouble: Consulting for a fair retrenchment”

South African rulings uphold rights of HIV+ employees

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Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), now an LL.D. candidate with the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for composing and/or editing summaries of 54 recent African court decisions for Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, published in 2017 by Pretoria University Law Press (PULP).  All three volumes in the series are freely available in print or electronic form.

Two of the court decisions summarized in Legal Grounds III clearly upheld the rights of HIV-positive persons against discrimination, including  unjust dismissal, and exclusion from certain job opportunities.

Gary Shane Allpass v Mooikloof Estates (Pty) Ltd. [2011], Case No. JS178/09, a Labour Court of South Africa upheld the rights to equality and non-discrimination of HIV-positive persons in the workplace.  The Court ruled that a horse-riding instructor’s dismissal from employment for HIV-positivity was…

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94 mental health patients in Gauteng: A lesson for State parties to the CRPD – A classic case of a poor deinstitutionalisation process

Author: Patricia Mwanyisa
Consultant – Human Rights and Access to Justice

As South Africa took time to celebrate its annual human rights day on March 21, this year (2017) the deaths of the 94 patients in Gauteng Province in a space of under a year should not be forgotten. The provincial government of Gauteng took the decision to remove persons with psychosocial and intellectual disabilities from government health institutions to reduce spending on their healthcare. The implementation process was poorly planned, rapidly executed and chaotic.  The move had fatal and disastrous consequences as it not only contravened national and international law, but also proved cruel and inhumane. The record shows 94 lives were lost, families have been severely traumatised and a healthcare support system regardless of whether it was the most ideal or not was shaken to its knees.

Apart from violating domestic law – the National Health Act 61 (2003) and the Mental Health Care Act 17 (2002)) – as a State party to the UN Convention on the Rights of Persons with Disabilities (CRPD) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), among other international instruments, there are several frameworks that were contravened by South Africa. This case provides an opportunity for some serious learning for South Africa (SA) as well as other African States. Learning from previous mistakes is vital for progress. Focus should be directed on how to avoid making similar mistakes in the future. It is probably more important to provide guidance to State parties or governments when they have made mistakes as opposed to the naming and shaming – particularly after the fact. To be productive, however requires the state or those in power to accept responsibility, acknowledge their mistakes and be receptive to the guidance. Ultimately, objectively and substantively unpacking the critical aspects or points at which things went wrong in the Gauteng saga from an international human rights perspective would be beneficial for the planning and implementation of these types of projects or programmes in the future.

 The human rights violations under the CRPD

 Given that characteristics of disabilities include long term mental, intellectual or sensory impairments the 94 people who died in Gauteng (as are all other persons with psychosocial and intellectual disabilities in South Africa and globally) fall within the scope of CRPD. Currently the CRPD is the most comprehensive international treaty in the area of disability and as such provides far more protections than any other singular international human rights instrument.

The CRPD sets out key rights that people with disabilities should enjoy in a fair society. It articulates human rights in a way that speaks specifically to this disproportionately marginalised group. In a nutshell, the CRPD applies a disability lens to all the human rights and fundamental freedoms applicable to all human beings and so it arguably does not present a new set of rights for persons with disabilities given that most of the rights therein are already protected under some other international and regional human rights treaties. It simply encapsulates a collection of key human rights pertaining to persons with disabilities and describes the specific elements that states parties are required to take into account in the protection of these rights. This explains the predominant focus on the CRPD taken in this article over other international treaties.

The Centre for Human Rights at the University of Pretoria, one of the most respected human rights institutions in both South Africa and the continent provides an ample starting point on rights violations under the CRPD. The Centre expressed shock in its Press Statement on this issue and highlighted the primary rights violations as articles: 10 (right to life); 15 (freedom from torture or cruel, inhumane or degrading treatment); 19 (right to independent living and inclusion in society); 25 (right to highest attainable health); 28 (adequate standards of living including adequate food, clothing and housing).

The purpose of this post is not to regurgitate these rights violations but rather to explore how things went wrong and how they could have been done differently.

What really went wrong in South Africa’s Gauteng Province from a CRPD perspective?

 Gauteng, home of South Africa’s administrative capital Tshwane (formerly Pretoria) and the country’s largest city Johannesburg undertook to deinstitutionalise mental health care. At the onset it is important to highlight that the concept of deinstitutionalisation in general is a critical and fundamental human rights issue for persons with disabilities particularly those with intellectual and psychosocial disabilities. It impacts the rights enshrined in the CRPD predominantly the rights to: autonomy (article 12); liberty and security of the person (article 14); freedom from torture or cruel, inhuman or degrading treatment or punishment (article 15); and the right to live in the community (article 19). Hence, deinstitutionalisation is a welcome and commendable initiative, because segregation of persons with disabilities in large institutions is an obvious and direct violation of the CRPD. However, the province’s reasons for doing so (i.e. saving cost) were not at all human rights based.

Furthermore, the benefits and value of deinstitutionalisation (particularly since the adoption of the CRPD in 2006) have been widely documented globally. The CRPD Committee (the UN committee responsible for monitoring the implementation of the CRPD) in its concluding observations to some African states has raised concerns regarding continued cases of institutionalisation. These concerns include the prevalence of institutionalisation of persons with disabilities in the State parties and the absence of community support services that provide for inclusion of persons with disability in society.  The Committee is also concerned about the marginalization of persons with disabilities, in particular persons with psychosocial and/or intellectual disabilities, from everyday life due to lack of provision of essential services. Violations associated with institutionalisation reported in some African states parties include physical restraint and isolation which are recognized globally as cruel, inhuman or degrading treatment, as well as the use of corporal punishment. In some cases some of the persons with disabilities are abandoned by their families in these institutions.

The CRPD Committee has called on African State parties to repeal legislative provisions which allow for the deprivation of liberty on the basis of disability, including psychosocial or intellectual disability.  It further recommends that State parties adopt necessary measures to prevent isolation or segregation of persons with disabilities from the community by being hidden in the family or in segregated institutions. Focus should be directed at the development of strategies for the deinstitutionalisation of persons with disabilities, within stipulated time frames and with measurable indicators. Such strategies should include comprehensive community-based services including personal assistance services.  Importantly the development and implementation of these strategies must be done in close cooperation with persons with disabilities and their representative organizations.  A far cry from the Gauteng experience which sparked protest marches and court interdicts. These protests are a consequence of a process that lacked proper and meaningful consultation and dialogue with affected communities.  A comprehensive, well thought-out strategy with realistic timeframes and human rights based indicators would have ensured that the community based services and other supporting services required for successful deinstitutionalisation were adequately available.  Community based support, social networks and naturally occurring community support impact and support the long-term sustainability and ultimately success of the deinstitutionalisation process.

From the findings of South Africa’s Health Ombud who probed the circumstances surrounding the deaths, it is clear the project was without a plan or clear objectives, and that the implementation was rushed, and chaotic. Indeed, this contributed to the resultant egregious rights violations. The mistakes that could have and should have been avoided can be observed at two critical levels of Gauteng’s project: 1) Project conceptualisation and planning; and 2) Project implementation and monitoring

1. Project conceptualisation and planning

As already highlighted above, the objective of the project was primarily for the purposes of cutting costs. As a single motivation for deinstitutionalisation, this objective on its own disregards South Africa’s obligations under the CRPD as well as the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is true that the adequate functioning of the health care system depends on good budgeting, rational expenditure, planning, oversight and accountability on the part of the state and progressive realization of economic and social rights will take time and is at times dependent on the resources available to a government. However, progressive realisation of rights such as in this case, the right to healthcare does not mean that a government can deliberately take retrogressive measures that diminish enjoyment of people’s rights.   Put simply governments generally should not cut budgets affecting economic, social and cultural rights unless it introduces compensatory measures or efficiencies in spending that counter any negative impact from cuts.

Given that Gauteng’s motive or objective in this case was cost-cutting the SA Government as duty holder should have been in a position to explain the factors informing the chosen route and its impact on rights realisation as well as demonstrate that it was using the maximum available resources to continue improving the conditions of its people.  A scan through the Health Ombud’s report shows that there was never any deliberation nor initiative to demonstrate this on the part of the provincial authorities and in the end the process appears to have been disconnected from the national government.

In view of the fact that progressive domestic law or legislation is highly desirable and in some cases may even be indispensable to the realisation of human rights, South Africa does not fare badly in this arena. The country’s Mental Health Care Act provides that:

‘the person, human dignity and privacy of every mental health care user must be respected and that every mental health care user must be provided with care, treatment and rehabilitation services that improve the mental capacity of the user to develop to full potential and to facilitate his or her integration into community life.’

It is therefore quite astounding that Gauteng’s provincial government seemed quite oblivious to this. Gauteng should have taken into account the needs of the mental health care users first and reached out to different sectors of the impacted communities. It could have created partnerships that focus on a human rights based processes and ultimately collectively addressed what might have been identified as a pressing communal issue. The mistake of Gauteng then lies in having identified a problem alone without the involvement of the affected communities. Had the problem identified emanated from and resonated with the impacted communities it would have been easily accepted as a common cause for concern and thereby justifying the course of deinstitutionalisation that it took.

Another mistake lies in the fact that the project planning process was, according to the Health Ombud’s report largely limited to government officials. Communities and civil society organisations were not involved in any credible manner and many stakeholders reported having not seen the project plan at all. SA’s National Health Act (2003) emphasises community participation and provides for full community involvement through various structures, yet the Health Ombud’s report states that the planning documents made no reference to any of the structures provided for in the Act.

Reaching out to as many organisations and key players within and outside of the obvious stakeholders is absolutely necessary of which Gauteng should have included: people with psychosocial and intellectual disabilities and the organisations representing them and their families; all the 27 NGOs involved in the project together with Life Healthcare Esidimeni – the institution from which patients were being removed, relevant health and community service providers, businesses, policy makers, media and others. Some of these players such as the media have significant influence in the communities even though they might seem far from or unconnected to the problem or challenges. Ultimately the idea is to engage stakeholders who are most likely to be affected by the action.

As a final part of the planning process Gauteng should have established or created a distinct project implementation or coordination structure. Given the ensuing chaos in the implementation process it is evident that the coordination mechanism was lacklustre. Such a structure would have assisted in bringing together multiple and practical inter-sectoral allies and stakeholders in a useful and effective manner. It would have ensured the effective execution of a number of Gauteng’s basic but key functional responsibilities such as among others:

  • Providing formal strategic direction;
  • Facilitating dialogue between partners;
  • Coordinating community outreach in the new communities where patients were to be relocated to; and
  • Handling internal and external communication to ensure all stakeholders are well informed about the project.

2. Programme implementation and monitoring

Deinstitutionalisation of the kind that Gauteng unleashed is definitely a highly complex issue on numerous levels and is therefore not one to be implemented hurriedly. Institutionalisation of persons with psychosocial and/or intellectual disabilities is a centuries old phenomenon that requires significant and sufficient allocation of time for implementation if positive change is to be realised. Deconstruction of such a phenomenon will require change not only at the policy, legal and legislative levels but also of the attitudes of the communities, families and individuals. As such States thinking of or already embarking on this kind of exercise must brace themselves and be prepared to make a commitment that goes well beyond the short term. Ideally, the project ought to be structured strategically from as high as the national policy level rather than as an offshoot at the provincial level if it is to be sustainable. Although the ultimate responsibility here lies with the State, it is my view that governments should consider partnering with key international cooperation allies, local businesses, donors among others, to bolster their resource base at the financial, social and technical levels. The Health Ombud’s report suggests that this kind of support was available to Gauteng but the provincial leadership did not do very well in utilizing the support of experts and organisations in the field. Heeding the advice of professionals would have helped save lives and would have immensely supported a viable implementation route of the project.

Given the porous nature of the Gauteng project conception and implementation, talking about impact and monitoring would seem a redundant issue but not highlighting their importance here would be dire. A human rights-based approach to implementation impresses on the need to assess impact and this can be done by deciding in advance how the project is going to define success. The Gauteng project conceptualisation and planning was significantly flawed from a human rights based perspective, but the sheer necessity and imperative of setting appropriate milestones and benchmarks are also highlighted in this case. Appropriate milestones and benchmarks along the way would have provided an indication of progress in a verifiable manner. If planning had been human rights-based, the project would have included both process and outcome indicators and intervals at which they would have been evaluated.

However, this is all water under the bridge; sadly lives were lost but this need not ever happen anywhere again in the future if States honour their human rights obligations.

Continue reading “94 mental health patients in Gauteng: A lesson for State parties to the CRPD – A classic case of a poor deinstitutionalisation process”

Stripped of Dignity: The Struggle for LGBT Rights in Tanzania

rodger_owisoAuthor: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden

Although the Tanzanian Constitution (1977) guarantees the right to equality and prohibits discrimination based on gender and sex, lesbian, gay, bisexual and transgender (LGBT) people still face deeply rooted hostility, prejudice and widespread discrimination in the Tanzanian society.  Threats of criminal penalty, social exclusion, harassment and violence make it particularly unsafe for one to come out as an LGBT person.

At present, certain homosexual acts between consenting adult males are criminalized under the Penal Code (Chapter 16 of the laws). Under section 154 of the Penal Code, committing or attempting to commit “unnatural offences” are crimes punishable with a maximum sentence of life imprisonment and twenty years’ imprisonment, respectively. “Unnatural offence” is defined as (1) sexual intercourse with any person “against the order of nature” as well as (2) consensual sexual intercourse between a man and man or woman “against the order of nature”.  The words “against the order of nature” are not statutorily defined. Also, under section 157 of the Penal Code, it is an offence punishable with a maximum of five years imprisonment for any male person, whether in public or private, to commit an act of gross indecency with another male person.  By section 3 of the Sexual Offences Special Provisions Act, “gross indecency” is defined as “any sexual act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behavior without any physical contact”.  Consent is no defense to any of these offences and no distinction regarding age is made in the text of the law. As the consequence of the existence of these laws criminalizing private consensual homosexual acts, LGBT people in Tanzania live in psychological stress and unceasing fear of prosecution and imprisonment.

While laws prohibiting same-sex relations have been in the law books since colonial times, there has not been any an actual prosecution or clampdown against LGBT minorities. Recently, however, the government has stepped up the hunt and prosecution of LGBT minorities and particularly gays, a move which has only served to reinforce more fear, prejudice and marginalization. The latest threats come from the government’s decision to crackdown, prosecute and publish the names of LGBT people. Embracing popular traditional and cultural norms that are usually invoked to justify LGBT hate and discrimination, the Deputy Minister for Health wrote on Twitter that homosexuality is unscientific and is against Tanzania law and morality. In one of the tweets he wrote, “Have you ever seen a gay goat or bird? Homosexuality is not biological. It is unnatural, “homosexuality is not a human right” vowing also to search for and prosecute gays and those who advocate for LGBT issues. A press conference to announce the names of suspected LGBT people was scheduled for February 27th but was later cancelled “for technical reasons”. In September 2016, the government threatened to ban non-government organizations (NGOs) supporting LGBT programs and in fact deregistered one NGO for carrying out HIV/AIDS outreach programs for gay and bisexual men.

Most Tanzanians strongly oppose the notion of LGBT rights on the assumption that non-traditional sexual orientation/gender identity is ungodly and immoral. LGBT rights supporters are quickly met with loathing and criticism. Such widespread negativity has hindered the possibility of any meaningful public debate and sharing of knowledge on human rights of LGBT people. With a lot of people still in the dark, it has been increasingly challenging to promote LGBT rights and stop discriminatory practices. While acknowledging the presence of LGBT people in the Tanzanian society, many anti-LGBT actors find it easy to demonize the issue as un-African, and a western invention as there is no such thing as ‘right’ to homosexuality. Those who are quick to condemn homosexuality or transgenders hardly bother to reflect on the scientific aspects of sexual orientation and/or gender identity.

LGBT people are not asking for any special rights. What they are demanding are human rights already provided by the Tanzanian Constitution. They are asking for protection from discrimination based on their actual or perceived sexual orientation and/or gender identity. They are asking for equal access to employment, healthcare, education, housing and other services. In fact, what LGBT people are asking for is the fulfillment of the constitutional promise of equality and there is nothing specifically western about that. Tanzania has ratified international and regional treaties guaranteeing basic rights including right of minorities and vulnerable groups and it is time it lives up to its promises. There is no doubt that criminalization of private consensual homosexual acts between adults affect the private lives of LGBT people as they cannot express their sexual and/or gender identity without being liable to prosecution. Even where there is justification to restrict homosexual relationships so as to protect special groups like children or other vulnerable persons from sexual abuse, just as heterosexual relationships can be restricted on the same grounds, that argument would not justify all-inclusive criminal sanctions where persons involved are consenting adults.

Given the opposition from top levels of government, the international community and national stakeholders should engage in advocacy with the Tanzanian government about the rights of LGBT minorities under international human rights law and demand for the decriminalization of LGBT relationships. The international community should also organize discussions with government officials on recent literature including United Nations-backed research demonstrating that criminalization of same-sex conduct imposes obstacles to HIV prevention and treatment. An open public conversation and promotion of human rights education would also help to raise public awareness as well as expose and challenge attitudes regarding LGBT identities and rights. Locally, politicians should refrain from making homophobic and transphobic statements as such statements run the risk of inciting further discrimination and hate crimes against LGBT persons. The government should instead investigate acts of violence and discrimination against LGBT people and hold offenders accountable. Lastly, the constitutional prohibition of discrimination applies to discrimination based on sexual orientation and gender identity which fundamentally means the government must ensure that people are treated equally whatever their sexual orientation or gender identity.  Activists should use this legal possibility to petition courts of law to protect LGBT people from discrimination.

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AFRICA: Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts – 54 case summaries

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2017_legal_grounds

by: Godfrey Kangaude, Onyema Afulukwe, Guy-Fleury Ntwari, et al.
Foreword by Prof. Charles G. Ngwena
PULP (Pretoria University Law Press) 2017
228 page book onlinePrevious volumes.
Printable flyer with Table of Contents

Reproductive and sexual rights, which are guaranteed in constitutions and in international and regional human rights treaties, have no impact if they are not recognized and enforced by national-level courts. Legal Grounds: Sexual and Reproductive Rights in Sub-Saharan African Courts Volume III continues to provide much-needed information about whether and how national courts of African countries apply constitutional and human rights to protect reproductive and sexual rights. The case summaries, significance sections, and thematic highlights serve as useful resources for those seeking to further develop litigation, advocacy, and capacity- building strategies.

Like its predecessors, Legal Grounds: Reproductive and Sexual Rights in Sub-Saharan African Courts – Volume III is a tool for organizations, individuals, and institutions…

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Selecting An Elder Law lawyer – Determining The Most Relevant Questions To Ask.

law firms in sandton. Then again, you actually should only try and file a patent request on your own if you're certain that you have got the knowledge, means, and time to effectively collect and submit the forms needed to realize a successful result. If you or a family member requires an elder law solicitor, you've got to find a legal proceedings counsel who is not just experienced in negotiating settlements and handling court cases, but also has experience in the particular laws that have an effect on the aged and their families. Not all counsels are adept at handling the ins and outs of elder law issues, which often change and need specialised information. Most lawyers will give you a preliminary consultation for free over the telephone or in real life. Before making a commitment to anybody, ask these questions : Do You Focus on Elder Law? It may appear to be clear, but many folks do not ask this first, vital query. Chicago lawyers can be adept at both as an element of their elder law experience. How Does A LA Patent Legal Company Help My Patent Request? Your LA patent solicitor will know the patent law for the field you are writing your patent request for – whether in the U Patent and Trademark Office ( USPTO ) recognizes only stated people as being authorized to work for inventors in their patent application process – this includes an assessment and approval that your L. A. patent solicitor should have passed and received.

Making an Environment in Law Practises Where Data Management Will Work.

The Net provides many resources when you have got to find a firm to help in the collection of receivables.

Directories will be well placed to supply the names of law companies and collection agencies who concentrate on the collection of delinquencies. The adoption of cooperative applications and data management technologies by the legal profession has proceeded a lot less swiftly than many individuals would have anticipated or was hoping. , President of the St Questions are welcome when directed to Donlawusa.
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What Trial Services Should You Look out for in a Legal Support Agency?

The secret's to look for an agency that puts its staff thru a thorough private screening process. Complicated Legal proceedings Support Complicated legal proceedings might be outlined by countless factors. But its results are typically the same : a bunch of lawyers need assistance processing / gauging proof to form legal methods. There are cases when the laxity of others wounds folk. Generally there are specific standards that the medics should stick to. As an example, the unhealthy use of instruments and not correct use of instruments can be said to be a case of mispractise.

Or if the doctor gives a wrong diagnosis and , thus, wrong treatment, we again handle misdoing. The fact is correct that in the bulk of cases the doctors don't take the accountability for their mistake.

Five things to ask when you're interviewing a mispractise lawyer are like this : one. Law firms. Who will deal with my case? Usually the individual that you're talking to is the individual that will deal with the case and manage over the entire process. What's your experience in coping with such cases? This question will really help to identify how talented the solicitor you are interviewing is. But its results are customarily the same : a bunch of lawyers require help processing / gauging proof to form legal methods. Because your time is better used on developing case methods than retrieving the data that supports them, having a support agency handle your document retrieval is only reasonable. In such examples, document review support will help you acclimatize to the curves a case throws without missing a beat.

How to Discover the Best Auto Accident Counsel.

If you require a good accident barrister, and you've already got a list of accident barristers to hand how would you then decide on the best, or as a minimum, the good one? Using the following advice on finding an accident barrister will help you make a good choice. The 1st step in choosing a good accident barrister is take a look into their info. Its difficult to find an accident barrister that represents either side of the same coin.

The legal companies internet site will often have this sort of info. You ought to check to determine if the barrister is an affiliate of the North American organisation for Justice ( AAJ ) or a corresponding local counsels associations. Asking other barristers in different fields may aid you in finding a good auto accident counsel. Please consult a solicitor in your state for state categorical guidance. You might even have a confirmation number from the bank. This adds an important boost to your case, adding claims outside the standard wrongful foreclosure claims – Texas False Trade Practice Act claims and break of contract claims. But the legal company handling the foreclosure doesn't talk with the servicing agents and they reputedly do not read the notes – so they foreclose anyhow and you've got no concept that occurred till you get a letter from a 3rd party customer. The 3rd party consumer wants you out of the house so that they can flip the home and realize a good return – your equity. They know there's a possibility that they screwed up and this is their crisis reply. Remember that Texas law favours the bank on nearly every issue. By this time you have likely gathered a catalogue of local barristers. Getting rid of counsels that received bad reviews is the next step. Nonetheless it is exceedingly possible that no-one in the neighborhood knows the solicitor. Nevertheless some counsels ight not accept this, referencing privacy and sanctification of the link between customer and counsel. Checking in order to see if that barrister has outstanding cases against him like disbarment or has been trained for impropriety is a clever idea. This allows for the biggest change not only of winning the case, but receiving the biggest possible compensation.
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What to Go Looking for in a Incapacity Advocacy Organisation.

Employing the services of an individual or a team instructed to aid those signing up for SSDI benefits can increase your percentages of having your 1st application for Social Security Incapacity approved. This can help to save you years of time, effort, energy, and bother.

This is particularly common among legal companies. When you are searching for the ideal SSDI gurus to work with through your claim process for incapacity benefits, you would like to make sure you are searching out groups and firms that work totally with incapacity cases. Not all SSA benefits pros work with folks that are trying for Social Security Incapacity advantages for the 1st time. Many organisations have a policy that demands that their clientele have been formerly denied for incapacity benefits. If you're wanting to expand your business, this statistic illustrates an inspiring chance to win over some new business. But in developing that system, consider the glass is half empty kind of person who is scared about which customer in their portfolio is on a probable exit. And even better, ensure your own clients are getting whats missing also. Clearly , winning clients while at the same time losing others isn't going to grow earnings. Click now If youd like stories all about list of law firms in johannesburg. The report suggests that using assertive customer surveying to reveal customer satisfaction is crucial to gaining customer commitment and to becoming one of those incredibly rare 13% of the firms not in peril. I concur, but I also suggest that after you do your surveying, not only should you use the data to keep your present clients ecstatic, you ought to use the info to design your next promotional campaign. Be sure that you search out these people to communicate with. You can even want to ask to communicate with a prior customer of theirs as a reference.