Legal Agreements
Terms & Conditions of Service
These Terms and Conditions set out the legal framework governing advisory mandates, consulting retainers, disciplinary inquiries, and workplace training provided by Kgamphomane (Pty) Ltd.
1. Engagement Framework & Scope of Mandate
Kgamphomane (Pty) Ltd (“Kgamphomane”) provides professional labour relations consulting, statutory compliance advisory, dispute facilitation, negotiation representation, and workplace training to employers and organisations across South Africa.
Every formal engagement is governed by an agreed proposal, service level agreement (SLA), or written retainer mandate outlining the specific deliverables, timelines, and fee arrangements. These Terms and Conditions apply to all consultations, written opinions, and facilitated processes undertaken by Kgamphomane.
2. Nature of Advisory Services & Statutory Caveat
Notice Concerning Statutory Representation:
Kgamphomane provides specialized labour relations and organisational relations consulting. While our advice is grounded in the Labour Relations Act 66 of 1995 (LRA), Basic Conditions of Employment Act 75 of 1997 (BCEA), and Employment Equity Act 55 of 1998, our services constitute employment relations advisory and dispute facilitation, and do not constitute an enrolled attorney-and-client legal practice.
Representation rights before the CCMA and Bargaining Councils are subject to Rule 25 of the CCMA Rules and the rules of the applicable Bargaining Council. Where statutory rules restrict non-legal or non-employers’ organisation appearance, Kgamphomane advises behind the scenes or coordinates with authorized representatives.
3. Client Responsibilities & Full Disclosure
To enable Kgamphomane to provide sound, accurate, and defensible labour advice, the Client agrees to:
- Provide prompt, complete, and truthful access to all relevant facts, documentation, correspondence, and evidence.
- Disclose any prior disciplinary warnings, informal agreements, or grievances relevant to the matter at hand.
- Ensure designated managerial personnel attend scheduled hearings, consultations, or conciliations on time.
- Maintain strict confidentiality regarding internal dispute proceedings and settlement negotiations.
4. Confidentiality & Non-Disclosure
Both parties agree to treat all business information, employee records, dispute files, strategic discussions, and financial arrangements as strictly confidential.
Kgamphomane shall not disclose any client data or workplace evidence to any third party without express prior consent, unless compelled to do so by a court of competent jurisdiction or valid statutory order.
5. Fees, Retainers & Invoicing
- Retainer Agreements: Monthly retainer fees are payable in advance on or before the first day of each calendar month. Unused hours do not accumulate or roll over unless explicitly specified in writing.
- Ad Hoc / Project Fees: Invoices for ad hoc consulting, disciplinary presiding, policy drafting, or workshops are due within 14 (fourteen) calendar days of the invoice date.
- Disbursements: Traveling, accommodation, transcription, or external courier costs incurred with client authorization will be billed as disbursements.
- Late Payment: Kgamphomane reserves the right to pause or suspend ongoing services, hearing facilitation, or drafting if fees remain outstanding beyond the stipulated due date.
6. Disciplinary Inquiries & Impartiality
Where Kgamphomane is appointed to act as an independent and impartial presiding officer (chairperson) in a workplace disciplinary hearing, the chairperson operates without bias and evaluates evidence solely on the balance of probabilities in accordance with Schedule 8 of the LRA (Code of Good Practice: Dismissal).
The chairperson’s recommendation or finding is based purely on substantive evidence and procedural fairness. The client acknowledges that the chairperson cannot guarantee a predetermined outcome.
7. Intellectual Property
All training materials, course presentations, workshop manuals, and proprietary frameworks developed by Kgamphomane remain our sole intellectual property. The client receives a non-exclusive, internal-use license for materials delivered during the engagement, and may not resell, publish, or distribute them externally without prior written approval.
8. Limitation of Liability & Indemnity
While Kgamphomane exercises high professional diligence and skill in rendering advice, all final managerial decisions — including terminations of employment, restructuring approvals, or wage agreements — remain the executive prerogative and responsibility of the client.
To the maximum extent permitted by South African law, Kgamphomane shall not be liable for indirect, consequential, or punitive damages arising from workplace actions implemented by the client. Our total aggregate liability under any engagement shall not exceed the total consulting fees paid by the client in the three (3) months preceding the claim.
9. Governing Law & Jurisdiction
These Terms and Conditions and any dispute or claim arising out of or in connection with our services shall be governed by and construed in accordance with the laws of the Republic of South Africa, subject to the jurisdiction of the competent South African courts.