• The client shall specify their exact requirements and expectations of the candidate and provide full details of the type of work and period of employment for which the candidate is required. 

• The client, with reasonable cooperation from the candidate, is responsible for obtaining all necessary work permits or visas where necessary, if not included in the package selected. This is not the responsibility of the agency. Any information provided by the agency regarding visas and work permits is purely for information purposes and the agency cannot accept responsibility if this information is incorrect or is no longer applicable. 

• If required, the client is responsible for arranging any appropriate medical examination of the candidate and for checking the medical history of the candidate. 

• The client agrees to notify the agency immediately when a candidate has accepted employment with them and to supply details to the agency of the date of commencement, the length of employment, and agreed salary. The agency will verify the information provided by the client with the candidate. 

• If the client has to delay the commencement of the employment of the candidate (for example, because of the birth of a baby later than expected), then the client shall be liable to pay the candidate the full agreed weekly salary from the agreed date to the date of actual commencement. 

• The client cannot introduce, directly or indirectly, a candidate (whether a prospective candidate or one employed by the client) to any third party for employment.

TERMINATION 

• The agency will terminate its relationship with the client should they find that the client is in breach of any of the agency’s terms and conditions. 

• Should the client unilaterally decide to terminate the temporary placement and otherwise decide that the candidate may not complete the hours booked, the client may be held liable for the temporary placement fee as well as the fee payable to the candidate for the temporary placement period. 

• The client must therefore always consult the agency prior to taking any decision relating to the termination of the candidate’s service with the client. The agency will direct the client as to how they should proceed, depending on the circumstances. 

• Although the candidate is employed by the agency during any temporary placement period, the client may be held jointly and severally liable for any contravention of any legislation regulating the candidate’s employment and/or placement with the client including the contravention of the Basic Conditions of Employment Act and/or the Labour Relations Act. 

• The agency reserves the right to recover from the client all amounts that become due and payable to any nanny as a result of any action taken by the client against any nanny without the agency’s consent. This includes the cost of any process preceding such payment, award, damages, etc. 

• We therefore encourage the client not to take any action against any candidate without the agency’s consent. 

• The agency will not be responsible for any costs involved in the lawful and fair termination of any candidate once the client has signed the employment agreement with that candidate and/or once the trial period has expired and if the candidate continues to work for the client. 

• However, prior to sourcing an alternative candidate for the client, the agency will request a valid and reasonable explanation as to why a replacement is required. The agency wants to avoid the scenario of disrupting the client’s children and/or household with too many changes and would like to protect our nannies against circumstances that may be unpleasant. 

• If the client decides to terminate the candidate’s employment once the client has decided to employ the candidate permanently, but before the candidate commences work with the client, the client will still be liable for payment of the permanent placement fee regardless of the frequency and/or hours the candidate would have worked. 

• Equally, if the candidate decides to terminate the placement with the client because of any valid reason such as failure by the client to provide suitable working conditions or accommodation, the client will be liable for payment of the permanent placement fee regardless of the frequency and/or hours the candidate would have worked. 

• The agency does not guarantee the continued employment of a selected candidate and, therefore, should the candidate terminate their employment with the client at any time, the client will have no claim to recover any permanent placement fee or any other costs from the agency. 

• Please remember that, as with any employment relationship, the agency has no control over whether a candidate wants to remain in the client’s employment. The agency therefore encourages clients to foster and maintain a working relationship that is enjoyable and constructive for both the client and the candidate.