Alan Davis’ Post

Did you know that for a growing number of our clients, we are their compliance team? Not an arms length advisory service. WE ARE their compliance team on a day-to-day basis. The use cases vary from firm to firm but here are some real examples from firms we currently work with: 1. Parental Leave Our Compliance Team as a Service was used to cover parental leave. We kept their seat warm and compliance strong until their Compliance Manager returned. We remain retained by the firm to carry out their file reviews freeing up their Compliance Manager for more strategic and high value focus. 2. Resource and Expertise We are bolstering an existing Compliance Team to add additional resource and expertise following a period of growth within our client's business. 3. Role Replacement Our Compliance Team as Service has replaced a traditional Head of Risk and Compliance Role due to their Head of Risk changing role. 4. New ABS An ABS start up has engaged our Compliance Team as a Service from the outset to ensure the firm has strong compliance foundations supporting their COLP and service delivery team. Here's what some of our clients say: “Having been faced with how to cover the maternity leave of our in-house compliance solicitor our attention turned immediately to HiveRisk as we knew their quality and experience in this field. We have enjoyed a close working relationship with the whole HiveRisk team providing our business of 150+ employees with expert compliance support and practical solutions." Operations Director "What we wanted was someone who understands the commercial reality of running a Law firm. HiveRisk are very knowledgeable, personable and commercially practical when dealing with compliance issues." Director and COLP “It’s been great to have HiveRisk onboard. We take our responsibilities seriously and so do they. They give us an objective, eye, confidence that we are doing the right thing and extra ‘firepower’ when its needed. The team have been helpful, responsive and a pleasure to work with.” Director and COLP We don’t have lock in periods so we can either keep your compliance function running until a full time candidate is found, embed the whole function on a more permanent basis, support a more junior compliance person or support an experienced fee earning COLP. If your compliance function would benefit from our experienced, friendly and commercially aware team, please get in touch.

The legal risk & compliance sector is rapidly evolving, presenting both challenges and new opportunities. Our 2024 guide highlights the potential for strategic and innovative roles in this dynamic environment. Ready to navigate the future of Legal Risk & Compliance careers? Find out how to leverage these opportunities for career advancement by downloading our 2024 UK Legal Risk & Compliance Salary Guide - https://lnkd.in/ezPXMGvf #CareerOpportunities #CareerInsights #SalaryGuide #LegalRisk #Compliance

The Crucial Importance of Thorough Forensic Investigation Before Disciplining Employee In the intricate landscape of labour relations, especially where allegations of misconduct may overlap with criminal behaviour, a thorough forensic investigation is not just important—it is essential. However, the principle of audi alteram partem—or "hear the other side"—must guide every step of the process, ensuring fairness and integrity. However, employers often rush into disciplinary actions without fully understanding the scope and implications of the evidence unearthed during the investigations. This rush rush approach to secure a dismissal can lead to significant legal and reputational risks or losses. Here is why Forensic Investigations Are Essential 1. Upholding Fairness and Legal Compliance Proper forensic investigations are crucial for ensuring that disciplinary actions comply with legal principles and the Labour Relations Act 66 of 1995. The principle of audi alteram partem requires that employees have the opportunity to respond to allegations against them. Rushing into a disciplinary process without a comprehensive investigation can violate this principle and undermine the fairness of the process. A thorough forensic investigation ensures that all relevant evidence is considered, allowing for a fair and informed decision. 2. Navigating the Intersection with Criminal Law Misconduct in the workplace often involves elements of criminal activity, such as fraud, theft, or Sexual harassment. Laws like the Prevention and Combating of Corrupt Activities Act (PRECCA), the Prevention of Organised Crime Act (POCA), the Municipal Finance Management Act (MFMA), and the Public Finance Management Act (PFMA) to name a few especially in the public sector, mandates the reporting of criminal conduct to the Police, I suppose for prevention of repetition of the crime. Employers must balance their internal disciplinary procedures with their legal obligations to report crimes. A proper forensic investigation helps clarify the nature of the misconduct and ensures compliance with these legal requirements. 3. Responsibility for Reporting and Concealment One of the critical questions in cases involving potential criminal conduct, is who is responsible for reporting the crime and addressing any concealment of such conduct. The ongoing Phala Phala debacle highlights the complexities involved when a matter is anonymously reported or when there is a failure to report. HR personnel, industrial relations specialists, and forensic investigators must navigate these challenges carefully. Clear protocols and responsibilities must be established to ensure that any concealment of crime is addressed, and appropriate actions are taken. Dismissal is not the end.

Failure to read the Contract - Employee sacked He signed a 5 year contract of employment as Senior Compliance officer for the Bank. According to court records,he holds a Degree in Economics and Masters in Risk Management. He used to report for work at 08:00hrs and knocking off at 17:00hrs. However, during Wednesday's and Friday's he used to leave early - 15:00hrs. He had a side hustle - Part Time lecturer at a named university without knowledge of his employer. This development reached the Human Resource Team which informed him through a letter to exculpate himself. He was later charged with gross misconduct and the disciplinary committee found him guilty of dishonesty among other offences. He was later fired with no benefits. He sued the company in the High Court for damages arguing that his dismissal was unlawful and wrongful as he was not given an opportunity to be heard contrary to the provisions of the employment code act. Clause 15 of the contract of employment he signed stated as follows; "During the term of your employment,you shall not without prior written permission of the company be entitled to directly or indirectly, temporarily or permanently be engaged by or do any business with individuals or companies other than this company,and you shall be prohibited from trading in your own account during this period. You shall at all times faithfully serve this company and use your utmost best endeavors to promote the company's interest". The learned Judge indicated that failure to read the contract of employment amounts to one shooting themselves. "Firstly, clauses in the contract are legal binding between parties - employer - employee Clause 25 of his contract is clear and it's unfortunate he failed to read and understand. Failure to read the contract amounts to shooting oneself. Engaging in another Job while you have a job is unethical, poses a breach of trust". The court further added, "It could have been wise if he had informed his employer as the contract guide but he kept it secret.....the disciplinary hearing held it's session twice and established that he breached clause 15 of his contract. The matter is dismissed for lack of merit". Case citation Jimmy Chisanga v The Bank Judgment delivered last week 18th April 2024. Timely judgement to all employees. Always read and understand before signing the contract of employment. Note: The above analysis is for academic purposes only.

When an employer receives a compliance order, they essentially have two options: The employer can comply with the compliance order or; The employer can challenge or oppose the compliance order. This article focuses only on the second option, challenging or opposing the compliance order. Article By Sharice Naicker Dispute Resolution Official at Consolidated Employers Organisation (CEO SA) https://lnkd.in/d5KCyhsY #ceosa #labourlaw #disputeresolution #compliance

*Employer's Liability Act, 1938* 1. *Objective*: • The Act aims to declare that certain defenses shall not be raised in suits for damages in *Pakistan* concerning injuries sustained by workmen during their employment. 2. *Applicability*: • The Act extends to the whole of *Pakistan*. 3. *Definitions*: • *Workman*: Refers to any person who has entered into, or works under a contract of service or apprenticeship with an employer, whether by manual labor, clerical work, or otherwise. • *Employer*: Includes any body of persons (incorporated or not), managing agents of an employer, and the legal representatives of a deceased employer. It also covers situations where a workman's services are temporarily lent or hired to another person. 4. *Liability Scenarios*: • The Act addresses situations where personal injury is caused to a workman: o *Omission by the Employer*: If the employer fails to maintain machinery, equipment, or premises in good and safe condition. o *Negligence of Employees*: When an employee with supervisory duties is negligent while exercising their authority. o *Conforming to Orders*: If the workman sustains injury while conforming to orders or directions given by the employer or their representatives. o *Acts or Omissions in Compliance*: Injury resulting from acts or omissions in compliance with rules, bye-laws, or instructions delegated by the employer. 5. *Legal Protection*: • The Act ensures that a suit for damages instituted by a workman (or their legal representative in case of death) will not fail solely because the workman was employed by the defendant at the time of the injury. • It restricts certain defenses that employers might otherwise raise.

Good morning HR Tribe 🍩🥛🌞 HR Word of the Day VICARIOUS LIABILITY This tortuous doctrine arises when an employer is held liable by a third party who has suffered injury caused by the act of another -his employee in the course of his duties. Vicarious liability simply means holding somebody else for the misdeed of another person and the person held is someone who has control over the actual tortfeasor. In Nduka v. Exenwaku, Fabiyi JCA defined vicarious liability as “as indirect legal responsibility, for example, the liability of an employer for the act of an employee, or a principle for the torts and contracts of an agent”. The employer will only be liable if the act was committed “in the course of employment”. In ACB v. Agugo, it was held that an act is deemed to be committed in the course of employment if: (i) It was a wrongful act authorized by the master. (ii) The servant carried out an authorized instruction from the master in a wrongful ad unauthorized manner Vicarious liability does not extend to independent contractors carrying out work for the employer. In Quarkman v. Burnett, it was held that the one who employs another is not liable for his collateral negligence unless the relation of master and servant existed between them. In Salsbury v. Woodland,  “It is trite law that an employer who employs an independent contractor is not vicariously responsible for the negligence of that contractor...”. The success of an action based on vicarious liability will be on first of all, establishing that master/servant relationship exists. Have a motivated Monday Songspiration : Sheyman + Davido - Paper 🚶🏽♂️🎧🎼🎧🚶🏽♂️🎼🎧🚶🏽♂️🎼🎧🎧

Did you know that non-compliance with employment regulations could lead to hefty fines of up to £20,000 per breach? 😱 That's a significant risk that no business can afford to ignore. But don't worry—there's a solution! At eMentalist, we offer comprehensive, end-to-end compliance services designed to keep your business fully aligned with all legal requirements. From handling complex paperwork to ensuring that every regulation is meticulously followed, we take the stress out of compliance so you can focus on growing your business. ✅ Why Choose Our Compliance Services? 🔹 Expertise You Can Trust: Our team stays up-to-date with the latest regulations so you don't have to. 🔹 Customized Solutions: We tailor our services to meet the unique needs of your business. 🔹 Peace of Mind: With eMentalist by your side, you're always on the right side of the law. Don’t let compliance issues hold you back. Secure your business and safeguard your reputation with our reliable compliance solutions today! 👉 Get in touch with us to learn more! 📧: Sales@eMentalist.co.in 📞: 0203 519 7097 #eMentalist #PeopleWithPassion #OffshoreOutsourcing #OffshoreRecruitmentServices #OutsourcingServiceProvider #OutsourcingService #RPO #ORS #BPO #eFin #ETech #eBiz #Compliance #ComplianceMatters #ProtectYourBusiness #EmploymentRegulations #BusinessSafety #StayCompliant #BusinessSuccess #ComplianceExperts #EndToEndSolutions #HRManagement #BusinessGrowth #ComplianceMadeEasy #Healthcare

There are many strategic reasons for why an employer might want to offer a severance package to an employee they are terminating.   Chief among them is that severance agreements can mitigate the risk of legal claims, because employees who sign severance agreements generally release their rights to sue their employer. But risk mitigation isn’t the only reason to offer terminated employees a severance package. Employees who receive severance and therefore have somewhat of a financial cushion as they look for a new job are more likely to view that employer more favorably and that can be important to businesses from a reputation management perspective. In fact, severance agreements often have confidentiality and non-disparagement clauses to allow businesses to achieve just that — protection against potential damage to their brand.    Employers who decide to offer their employees severance packages should consult with experienced legal counsel to draft a legally compliant severance agreement because there is precise language that needs to be in the agreement to achieve the employer’s goals. Also, laws change frequently and language that was once legal may now be illegal. Employees who are presented with severance packages should also consider having them reviewed by counsel, because some employers include illegal or overbroad provisions in these agreements or make them extremely one-sided. A lawyer can also advise an employee about whether the severance offer is fair or whether they may be leaving money on the table because they may have substantial legal claims that they were not aware of. #employmentlaw #smallbusiness #employmentlawyer #businesslaw #law #legal #humanresources #humanresourcesmanagement #californialawyer #business #work #9to5 #californiabusiness  #discrimination  #hrmanagement #hrconsultant #humanresourcesmanager #humanresourcesprofessional #businessstrategy #manager #ceo #supervisor #businessownerlife #businessstrategies #wrongfultermination #severance #severanceagreement #severancepackage #retaliation #californialaw

When you dismiss a member of staff for gross misconduct you must keep notes and correct records of everything. I am often called by a company taken to a tribual for help and its normally because they have not followed the correct procedures. This case is an interesting one. An administrator who was sacked for insulting a customer in an email has won a payout of almost £5,500 after claiming unfair dismissal. Meliesha Jones, who started working in a part-time role at Vale Curtains and Blinds, was dismissed by her employer when she called a customer a t**t in an email and mistakenly sent it to him instead of a colleague. Jones was sacked for gross misconduct, a week after sending the message meant for the company’s installations manager. This case highlights that even a small employer with limited resources must follow correct procedures at all times. The full story is here and do get in touch if you need employment law advice and support. https://lnkd.in/ewpB2iWn #EmploymentLaw #UnfairDismissal #WorkplaceRights #HRCompliance #GrossMisconduct #EmployeeRights #EmploymentAdvice #WorkplaceIssues #HRConsulting