Rosie Willis’ Post

When carrying out investigations it is key that as employers, we maintain a high level of professionalism at all times, otherwise there is a risk of a breakdown of trust between management and employees. To ensure you don’t make mistakes in your internal investigations read our guide: https://loom.ly/jdZeNPw

At what point do you become confident in the work that you're doing? I was asked this recently during a call with an attorney looking to move in-house from his current practice. My answer: Never. Let me explain. I've been in-house for eight years now, and I still get projects that are completely new to me. A new law will come out that I need to tackle how we approach it from compliance standpoint. My management team will want to structure an M&A deal in a way that I've never done before. Someone will have an issue with an employee that HR wants legal to be looped in on. I'll get an email that I have no idea what it's asking. But that's OK. I feel confident in my ability to figure it out - to be a problem solver. People come to me, to legal, because they know we can help. And while that imposter syndrome is so real, it is also exciting to complete something brand new and that's what builds confidence. So no, I can't say that I will ever feel confident in the work that I'm doing, and I mean that as I don't think I can say I know it all. But every new contract, every new problem, that helps me build my confidence as a problem solver.

Do you understand the true cost of hiring the wrong person for your legal team? Here’s a breakdown of what a bad hire can cost your firm: Recruitment Fees: £8k – The average cost of recruiting a new legal candidate. Training and Onboarding: £4k – Training and onboarding costs for a new hire. Lost Productivity: £7k – Time spent by existing team members to cover for the bad hire. Management Time: £3k – Extra time spent by managers to address issues and performance problems. Legal Risks: £2k – Potential legal fees and risks associated with terminating a bad hire. Reputation Damage: £3k – Loss of client trust and potential business due to poor performance. Total Cost: = £27k – The real financial impact of a bad hire. Investing in quality talent from the start is crucial. At Sparta, we specialise in matching you with the best legal professionals to ensure your investment pays off in the long run. If you’re looking to avoid the pitfalls of a bad hire, connect with me today.

WORKPLACE AND PLOT TO KILL SUPERVISOR One of the several issues in this case is the breakdown of the employment relationship when the employees plot to kill the supervisor. It is an application to review and set aside an arbitration in which the second respondent found the dismissal of the three applicants to be fair and as a result, their claims were dismissed. The applicants’ attorneys were advised that in the absence of an application to reinstate the review, the review is deemed to have been withdrawn. The applicants were charged with gross misconduct in that information has been received which implicates their involvement in a plan to kill the supervisor, and which has led to a serious breakdown of the employment relationship.   The three applicants all had issues with Mr Mthungwa arising from a poor relationship with him in the workplace and this provided the motive for the events which played out. Mr Mbatha, called in support of Mr Mthungwa’s case, implicated Mr Phumlani Khumalo. He confirmed that when he met Phumlani Khumalo the day after the shooting and having told Phumlani Khumalo that Mr Mthungwa had been shot the night before, Phumlani Khumalo’s response was to express pleasure in the fact that Mthungwa had been shot. More importantly, Mr Phumlani Khumalo praised the shooter and in so doing, described the shooter as Mr Nkosithando Mbatha. The commissioner concluded that the overwhelming weight of the evidence supports the version that Mr Nicholus and Mr Phumlani Khumalo had been part of the plan to kill Mr Mthungwa. The company led the evidence of Mr Mthungwa, who at the arbitration wore a T-shirt bearing the words:- “Can’t believe. Shot nine times and still alive.”   The findings made by the second respondent in respect of Mr Nicholus Khumalo and Phumlani Khumalo’s involvement in the attempt to shoot Mr Mthungwa are reasonable and arise from the evidence placed before him. The second respondent’s conclusion falls within a range of decisions that a reasonable decision maker could make and for that reason, the applicants do not have prospects of success in the main application.   The applicants have failed to show good cause why the review application should be reinstated, or condonation granted for its failure to file the record within the time limits set by the Practice Manual. Moreover, even if consideration is given to the merits of the review application, there seems to be little prospect of it succeeding. The application to reinstate the review application is dismissed.

I have been hanging out with lots of founders lately, and most have ONE concern:   𝐇𝐨𝐰 𝐭𝐨 𝐦𝐚𝐧𝐚𝐠𝐞 𝐚 𝐭𝐞𝐚𝐦? Some say, "The team members still don't know their work." Others worry, "We’re losing people faster than we can hire!" or "No one seems to care about deadlines." These challenges are real, and the solutions might just come from an unexpected place—legal expertise. Here are five things you should get right legally to set your team up for success: 1/ 𝐂𝐥𝐞𝐚𝐫 𝐉𝐨𝐛 𝐃𝐞𝐬𝐜𝐫𝐢𝐩𝐭𝐢𝐨𝐧𝐬: Make sure every employment contract has a detailed job description. This leaves no room for confusion and sets clear expectations from day one. 2/ 𝐂𝐨𝐧𝐟𝐢𝐝𝐞𝐧𝐭𝐢𝐚𝐥𝐢𝐭𝐲 𝐂𝐥𝐚𝐮𝐬𝐞𝐬: Protect your business by including strong confidentiality agreements. It keeps your sensitive information secure and builds trust within the team. 3/ 𝐍𝐨𝐧-𝐜𝐨𝐦𝐩𝐞𝐭𝐞 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬: Ensure employees aren’t just learning from you to become your next competitor. A well-drafted non-compete clause can protect your business. 4/ 𝐓𝐞𝐫𝐦𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐏𝐨𝐥𝐢𝐜𝐢𝐞𝐬: Outline clear termination policies in your contracts. This avoids potential legal hassles if you ever need to part ways with an employee. 5/ 𝐃𝐢𝐬𝐩𝐮𝐭𝐞 𝐑𝐞𝐬𝐨𝐥𝐮𝐭𝐢𝐨𝐧 𝐂𝐥𝐚𝐮𝐬𝐞𝐬: Life happens. Disputes might arise. A dispute resolution clause can save time, money, and stress by providing a clear path to resolution. Taking these steps not only protects your business but also creates a structured environment where your team can thrive. If you need help with employment contracts or any legal solutions, reach out to us at Dastawezz. We make legal simple, so you can focus on what you do best—growing your business! #legal #documents #legalservices #legalconsultation

Friday Law Firm Risk Management Tip!!! - lateral hiring is a reality, but a risky one Lateral hiring is a nearly universal for law firms, in particular small law firms. While home-grown lawyers are often preferred, the available pool of applicants is small, the time and resources needed to properly train them are scarce, and organic hires come with their own sets of risk. The lateral hire is a key component of law firm growth and operations but comes with real risk. According to Decipher Investigative Intelligence’s 2021 Lateral Hiring Survey 1/2 of all laterals left for conflicts or lack of expertise! 1/2 of all surveyed firms reported the majority of lateral partners overpromised their book of business. So what can you do? Add some 'English' to the ball (that's a billiards reference for 'side spin' from a guy that has no business making any billiards references). 1. Build a better lateral questionnaire 2. Outsource due diligence & investigations 3. Use probationary periods and titles 4. Listen to your non-lawyer staff! 5. Create (good) onboarding friction 6. Assume 1/2 their projected book of business What else do you do to vet or support lateral hires? #lawyers #lawfirms —— Want to know more? Shoot me a DM and follow #TheLawFirmGC Ring my 🔔 for better practice, less stress.

Client Case Study: Are you afraid of terminating a team member because of employment laws? ✍🏼 Contract Termination to Talent Overhaul ✍🏼 A client approached us because they wanted to end an independent contractor's contract but hesitated as they thought the contractor was misclassified. In fact, the executives believed they had misclassified everyone--treating all hires as 1099 workers as they ramped up. What did we do? 📝 Audited their classifications. 👀 Showed them the options to bring themselves into compliance. ⏰ Outlined the timeline for ticking through the statute of limitations. Even then, there was hesitation. So we asked, if you're unwilling to fire a poor hire because of non-compliance, how else is this affecting your company? They ultimately moved forward. Here is what happened: ✔️ People who belonged to employee status were moved to that position. ✔️ People who could fit either status were offered employee status. ✔️ The person who inspired the discussion was determined to be correctly classified as an independent contractor, and their contract was terminated. The result was a complete overhaul of the company's talent pool. With a new system, employees were held responsible for their actions, leading to a more committed workforce who no longer saw poor performance go unpunished. 🙌🏽 Want to know more about using an outside general counsel instead of a business lawyer for strategic decisions? 👉🏽👉🏽Follow us for more case studies! ______________________________ Horton Legal Strategies - General Counsel for Your Founder-Led Business #entrepreneur #businesslaw #founder #businessgrowth #ceo #employmentlaw #contracts

Are you on the search for an exceptional Contracts & Compliance Manager? Well look no further... 👀 If you're keen to arrange a chat with this candidate or have any questions, then reach out today! #contractsandcompliance #recruitment #featuredcandidate

Struggling with Hiring? You know how essential attracting and holding onto skilled employees is for the success of your business. But are you leveraging the right legal strategies to support your hiring process? Here’s How Legal Expertise Can Streamline Your Recruitment Process – 🔺Creates Clear and Comprehensive Contracts: Use them to clarify employment nature, compensation, and other essential terms in a job offer, thereby drastically reducing miscommunication and disputes. 🔺Ensures Labor Laws Compliance: Be compliant with labor laws and regulations for the fair deal of employees, and avoid costly legal hassles. 🔺Provides Advice on Employee Classification: Classify employees versus independent contractors correctly to avert misclassification problems and their potential legal consequences. 🔺Includes Compliance Clauses: Abide by industry-specific regulations and minimize the chances of legal disputes for a legally sound working environment. 🔺Retains employees and safeguards information: Information touching confidential operations of your business and its competitive edge is kept safe. The workplace environment is safe and supportive. Having robust legal documentation and advice not only protects your business but also builds a positive and transparent relationship with your employees. #law #employmentlaw #LaborLaws #contracts #businessgrowth #business #startups 

💻 ONLINE TRAINING - Workplace Investigations Are you responsible for any aspect of workplace investigations? How confident are you in your ability to produce sound findings? If not conducted fairly and appropriately, investigations can present significant legal risk and liability for you and your organisation. Gain a deeper understanding and have the opportunity to speak with an investigations expert during this in-depth, online training course. Presented by Kate Thomson on 16 - 17 May, the course will cover: 🔎 Short form vs full form investigations ✔ Gathering and analysing evidence - best practice tips 💡 Third parties - when you need them ⚠ Investigations gone wrong - case studies to learn from Last few spots remain so book now to avoid disappointment https://lnkd.in/gceSaX2r #workplaceinvestigations #onlinetraining #workplacelaw #employmentlaw