Moni Attorneys Inc

29/05/2025

Privacy rights and social media. Be mindful what you post across your social media platforms.

24/05/2025

Social Media in the work place. Contact Moni Attorneys for further information.

04/03/2025

Stuck in a messy labour dispute, watch how Moni Attorneys handles disputes.

04/03/2025

From 1 March 2025, the minimum wage will rise by 4.4% to R28.79 per hour. Every worker must be paid no less than the national minimum wage. This prevents unreasonably low wages.
Please note that the National Minimum Wage excludes allowances for work-related expenses (e.g., transport, equipment), payment in kind (e.g., accommodation, meals), bonuses, tips, or food. As such, employers cannot justify paying below the minimum wage by providing these benefits. The benefits are above and beyond the minimum wage.

17/02/2025

As an employer do you perceive your disciplinary enquiries as time consuming and costly. If you do, you only have yourself to blame.
Whilst, you roll your eyes out loud, let me explain.
An employer’s right to discipline is an employer’s purview. You are familiar with the acronym KISS “Keep It Simple, stupido”. It should resonant with all managers who don’t have the time to fight fires. So, don’t complicate your process and avoid the frustration by using the following tricks of the trade:
1. Your disciplinary process should not be a strict adherence to formality in an employment contract. Try take the process out of the individual’s contract and have it as a stand alone policy that you can review when the need arises.
2. The disciplinary process is as described in the Avril Elizabeth Home for the Mentally Handicapped as ‘both parties must be heard’. The employee must hear the employer’s evidence the employee’s defence. The enquiry chairperson should consider the facts nothing else.
3. The Labour Relations Act requires speedy resolution for parties saving time and money.
4. Further, the enquiry chairperson should connect the dots using a balance of probabilities. All that is required of a chairperson is a fair ruling and recommendation after hearing mitigation.
5. If the employee is at fault then the test is ‘can the parties remain working together despite the employee’s misconduct’.

Try this 5 step framework for a simple disciplinary process. If you need help then reach out for it.

17/02/2025

Keep your children safe attend this virtual seminar!

📢 Join us for an insightful webinar!

ProBono.Org invites all legal practitioners to a webinar on Section 50 of the Children's Act 38 of 2005 - Investigation and Report, presented by Alan José. Gain expert insights on handling case memoranda and briefs from the OCAY project, and understand the 6Ws + 1H approach to legal proceedings.
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NOTE: The link to join the webinar will be sent by Wednesday 19 February 2025

Date: 20 February 2025
Time: 13:00 - 14:00
Venue: Microsoft Teams
RSVP HERE:
https://forms.office.com/r/HsLzVywLBW?origin=lprLink

15/02/2025

Smart machines will be our colleagues because they are getting smarter and more ubiquitous, not only completing tasks previously reserved for humans, but also doing what was thought to be impossible for machines.

What would you do if employers increase the functions of smart machines, software, apps and avatars.
If employees developed personal toolkits of virtual doppelgangers — virtual counterparts, with the help of artificial intelligence (AI) software and devices that are more accessible to their personal or team-based activities, it could work 24/7 with the ability to carry workplaces with them using cloud communities, open applications and personal virtual assistants.

Extreme digital dexterity will ultimately be the modus operandi for how employees work, can an employee afford not to embrace this new tech. Especially when increasing demands for a more automated workplace have sparked the killer combo of people and technology. What would you do as an employee or employer to raise the bar for extreme digital dexterity?

15/02/2025

AI won't replace you! But your colleague using it will!

14/02/2025

Calculating damages? Do you want to calculate loss of earnings, loss of support and general damages . This might interest you. Read this: https://web.facebook.com/share/p/1Wds8C45eB/

23/01/2025

Of interest: Misconduct, using your mobile phone whilst working! https://www.youtube.com/watch?v=uRM1d4VXYsY

Summary: (Review application – Unfair dismissal for misconduct – protocol for use of cell phone while operating machinery – rule established – employee’s awareness - absence of previous final written warning - experienced artisan – phone causing distraction or impeding safe work – em....

23/01/2025

What is Sexual Harassment:
It is the unwarranted or unwanted conduct of a sexual nature that causes harm or causes a reasonable belief of harm (physical, psychological, mental or emotional). Sexual Harassment is a dignity violation. It is about “abuse of power” “power differential” by setting boundaries. Sexual Harassment manifests in physical, verbal, or non-verbal conduct such as unwanted touching, inappropriate comments, suggestive gestures, or sexually explicit messages.

The Target’s Perspective:
The Target perceives his or herself as objectified, unsafe and disrespected. The Targets fear reprisals and may face retribution when they speak up.
(above 70% of all complaints are never referred because your life is now open to scrutiny).

The Perpetrator’s Perspective:
Misjudgement of power dynamics and misreading social cues _ Perpetrators might feel entitled due to their position or influence. Minimization of impact: Many perpetrators downplay their behaviour, seeing it as “harmless” flirting or just joking or don’t take it so seriously or as normal interaction.

Steps to help you be safe:
Please be clear and unequivocal in your communication, do not leave anything to interpretation.
Remember to keep records of interactions, including dates, times, and context, to provide a clear timeline of events.
It is often a ‘he said she said’ scenario. So get the right support.

Watch this:

Sexual harassment is a despicable misconduct that plagues many a workplace.Sexual harassment impairs human dignity and creates a hostile working environment....