VALIDITY OF SETTLEMENT CAN BE LEGAL HEADACHE

As usual, it is very important to follow the guidelines as stipulated in the Basic Conditions of Employment Act. If you are not sure of what to do, contact a reputable Labour Attorney. Do not, and I repeat Do Not - get advice from someone who is not qualified and who doesn't understand the law, it will only cost you more money and more headache in the long run!

Validity of settlement can be legal headache
Tony Healy

16 August 2007 at 06h00

Full and final settlement agreements often lead to subsequent labour disputes, much to the chagrin of employers.Invariably, the agreements are signed between an employer and an employee with the employer believing that the employment relationship has been lawfully terminated and the matter disposed of.

Typically, employees challenging the validity of a full and final settlement agreement do so on grounds that it was signed by them under duress, and off they trundle to the CCMA to put their case. The first question which arises at the CCMA is whether or not the CCMA has jurisdiction to determine the validity of the agreement. Interestingly, it has been reported that Judge Zondo of the labour court has voiced concern over the fact that there appears to be an overlap of jurisdiction.

In particular, the High Court is often confronted to determine whether it has the jurisdiction to adjudicate labour disputes even though the labour court exists for this purpose. This issue was addressed in the CCMA arbitration case of Carl de Wet and Francotyp-Postalia SA (Case No GA69233).

In this case, the employer and the employee had concluded and signed a termination agreement. The agreement made provision for the employee's services to be "terminated with immediate effect" and that the employee would receive his notice pay and other statutory payments "as final settlement of this matter". At the arbitration hearing, the company contended that this agreement constituted a final settlement of the matter and that no further disputes existed between the parties. The employee on the other hand, argued that he had signed the agreement under duress.

The commissioner in his award, stated that "the CCMA is not a forum which has jurisdiction to inquire into whether or not a contract concerning termination of employment is valid or not". The arbitration award makes reference, inter alia, to the CCMA arbitration case of Mark Langley v Billiton SA in which it was held that "the CCMA is an administrative tribunal created by statute with limited powers specified in the Act.

The commissioner has no jurisdiction to inquire into matters not specified in the Act. "It follows therefore that the CCMA is not empowered to consider matters of a contractual or delictual nature unless expressly provided for in the Act."

A further reference was made to Moolman v Border Technikon in which it was held that "if the applicant challenges the validity of the settlement agreement, that challenge must be made at a different forum and the applicant is confined to his remedies on that agreement, which remedies must be sought in the ordinary courts".

A case in point - Tseku v Shell Ultra City (Mthatha) CCMA Arbitration ECEL3040-06

The applicant had been appointed as a general manager on a six-month probation period. He was dismissed at the end of the 5th month for failing to meet prescribed performance standards. He felt his dismissal was unfair in that his performance had not been assessed and that the respondent had failed to prove that he was under-performing.

The respondent said the applicant had been informed of the performance required of him. However, the respondent failed to lead any evidence supporting the contention that the applicant's performance was poor. The applicant was afforded a hearing prior to his dismissal, but even giving due consideration to the less onerous requirements for a fair dismissal during probation (on grounds of poor work performance) the respondent had neither assessed nor proved the alleged poor work performance.

The dismissal was held to have been both procedurally and substantively unfair, and the applicant was awarded one months compensation.

MOTIVATION - TODAY

MOTIVATION – TODAY


By Nikki Viljoen of N Viljoen Consulting CC

My friend Tess Elsen of Tessen Enterprises (www.tessen.co.za) sent this quote to me, I have no idea, however who wrote it.

“Today, I will delete from my diary two days: Yesterday and Tomorrow.
Yesterday was to learn and
Tomorrow will be the consequence of what I can do Today.

Today I will face life with the conviction that this day will not ever return.

Today is the last opportunity I have to live intensely as no-one can assure me that I will see Tomorrow’s sunrise.

Today I will be brave enough not to let any opportunity pass me by, my only alternative is to succeed.

Today I will invest my most valuable resource: my time, in the most transcendental work: my life.

I will spend each minute passionately to make of Today a different and unique day in my life.

Today I will defy every obstacle that appears on my way, trusting I will succeed.

Today, I will resist pessimism and will conquer the world with a smile, with a positive attitude of expecting always the best.

Today, I will make every ordinary task a sublime expression.

Today, I will have my feet on the ground – understanding reality and the stars’ gaze to invent my future.

Today I will take the time to be happy and leave my footprints and my presence in the heart of others.

Today, I invite you to being a new season where we can dream that everything we undertake is possible and we fulfill it, with joy and dignity.

Have a wonderful day today.”

Isn’t it absolutely fabulous the way that the universe gives you exactly what it is that you need, when you need it? Last night I had a bit of a wobbly – my laptop refused to co-operate and I am in the middle of a project, worth a lot of money to me. I felt completely helpless – except for the fact that I had done a back up on Saturday night, so if anything was lost, it would be only one day’s worth of work. Trouble is, that I don’t have time for one day’s worth of work to be reconstructed!

I also finished my rather juicy Jonathan Kellerman book and it was too cold to get myself in front of the bookcase, where I have probably in the region of 300 books to choose from to read, all waiting patiently for their turn! I picked up a book on my bedside table, that I haven’t looked at for months (too busy with the tragic life story of Marilyn Munro and then the Kellerman book I’m sure) entitled “10 Secrets for success and Inner Peace” by Dr Wayne Dryer and opening it where I last left it was a new chapter entitled “The Fifth Secret – Give up your personal History”. It’s all about walking away from yesterday as apposed to dragging it with you everywhere, and then this morning (laptop working perfectly again – go figure!) the first article that I pick up for today’s motivation sends out exactly the same message!

Whilst I am amused at the message and it’s evidently clear – I am also, in all honesty obliged to look at my life of late. I have been dwelling in the past, and also much too far into the future and not really taking any time to live life to the full in the present – in today! The best example for me to give you, is this big project that I am working on – I am so busy worrying about the deadline and will I have everything done in time, that I am not really living in the moment to get it done. Each minute that went by unproductively (and think about it, all I was doing was worrying about it) raised, yet another knot of fear in my heart. You see, it’s not only about the money that I will get for it at the end of the month – there is a huge possibility of a lot more work in the future too. Logically though, spending time worrying about not meeting the deadline was actually preventing me from getting on with the work. If I had spent the same amount of time working on the project as I did worrying about it not getting done, I would have been a lot further on down the line. I was living in the future, instead of in the present.

So, today I will not lose the opportunity to get the work done, to tap into myself and find the answers to the questions that need to be answered for the project and to give it my all – I will succeed!

What about you – are you living today or are you like I was, dragging the past with me where ever I went and trying to live in the future? I know where I would rather be!

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

WE MUST GET STARTED NOW TO BE COOKING IN 2010

Oh man this is sooooo exciting. Not only from the prospect of hugh things happening in 2010, but also that it shows that there is a huge window of opportunity to get skills. Recently we have had the who[le skills shortage thing thrown at us and here is an opportunity to get the skills that are so desperately needed, not just here in SA, but all over the world. It opens up all sorts of doors!

We must get started now to be cooking in 2010
Workplace staff09 November 2007 at 06h00

For South Africa, the prospect of thousands of tourists and fans touching our shores in just four short years is becoming a stark reality, as realisation dawns that the Soccer World Cup is the world's second biggest sporting event after the Olympic Games. The event is projected to generate the equivalent of 159 000 jobs annually for South Africa and many of these will be in the hospitality sector.

The year 2010 is imminent and, for many, a career in the hospitality industry beckons in just over the time it takes to become a qualified chef, South Africa will experience one of the greatest influxes of tourists ever, and the demand for qualified chefs is set to increase exponentially.

"Given the drastic shortage of chefs in South Africa, far too few to meet the demands of 2010, the prospect of a career as a chef may seem increasingly attractive to many school leavers," says Stephen Billingham, vice president and education director of the South African Chefs Association (SACA) and a director of the Capital Hotel School, as well as the HTA School of Culinary Art.

Billingham who has extensive experience in the hospitality industry and numerous hospitality and training qualifications acquired in South Africa and overseas advises prospective chefs to consider all the training and education options open to them.He points out that there are two mainstream training options open to student chefs. The first is attending a specialised culinary school or college; and the second is a three-year apprenticeship with a chef in a hotel or restaurant combined with an annual six-week training period in a culinary school.

"Because apprenticeship opportunities with chefs are so limited in this country, most of our trainee chefs are trained through culinary schools," he explains. "Culinary schools require a huge investment to set up and maintain and for that reason, they are expensive to attend. So, before committing yourself to a school, it is advisable to carefully evaluate your training options."

Billingham believes the starting point is to check and validate the credibility and credentials of the training provider. Does it have official accreditation? Check this out too. If, for instance, the accreditation awarding body is City and Guilds, check the registration numbers. "Like any industry, the culinary training industry has its share of shady operators and fly-by-nights," Billingham cautions."Find out about the reputation of the school by speaking to past graduates and current students. "It is also important to for you to find out what the employment ratio is for graduates and where they have been placed in industry."

The duration of the programme is also a vital consideration as a minimum of 18 months of training is generally recommended; anything less would not offer a sufficiently comprehensive training course. The qualification at the end of the course should be a diploma. You will need to find out which awarding body issues the diplomas and whether they are internationally recognised.

National Qualifications (NQs) in South Africa are benchmarked against equivalent international qualifications which means that locally obtained qualifications are acceptable overseas. Graduates from accredited schools are also given an official breakdown of the unit standards they have achieved upon completing the qualification, which can be then scrutinised by a prospective employer.

As with all training the cost implications cannot be ignored, adds Billingham. On average, costs of such a course range between R20 000 to R45 000 per year. "When evaluating schools, find out what you get for your money," he suggests. "For instance, do the fees cover items such as the necessary knives, text books, field trips, and protective clothing?" Remember to find out what all the hidden additional costs are as well. Even parking can make a dent in a monthly budget."

The ratio between students and lecturers largely determine the quality of training. As this is a highly craft-based industry, the ideal is considered by the department of labour to be 14:1, giving a reasonable level of lecturer attention per student. The school should also have a reasonable ratio between practical and theoretical training, with practical training taking most of the time allocation.If the training provider offers experiential training in industry which it should look at the monitoring processes are in place to make sure that the workplace experience is valuable.

The calibre of lecturers is also relevant are the school's lecturers experts in their fields? Try to ascertain whether they have experience in industry, in realistic work environments.According to Billingham, South Africa has a good reputation in the international culinary field and our burgeoning tourism industry is creating an increase in the need for highly qualified and committed chefs in the country. "It's an exciting, creative and challenging profession that has to keep up-to-date with constantly changing consumer tastes and expectations in food," he says. "It's certainly a worthwhile career option you could find that in 2010 you'll be serving the world's top soccer stars home-grown South African delicacies in a leading hotel or restaurant."

For more information on training and learnerships, contact HTA School of Culinary Art at 011-285 0937, email admin@htatrain.co.za or visit www.htatraining.co.za.The tourism and hospitality Seta (Theta) can be contacted at 011-803-6010 or visit www.theta.org.za.

WHAT TO DO WHEN .... THERE'S A DISCREPANCY ON THE JOB DESCRIPTION - PART 2

This was Friday 23rd's post.

ARTICLE 5

WHAT TO DO WHEN . . . . There’s a discrepancy on the Job Description

PART 2

By Nikki Viljoen – N Viljoen Consulting CC - March 2008.

So now we know what a job description is, let’s have a look at the case study. Before we do that however, let me just say that often the question arises about whether job descriptions should be intentionally general to avoid the situation where an employee is obliged to carry out tasks and/or duties that are not specified in his/her job description. I have been advised that this has been looked at recently by the CCMA at an arbitration – let’s have a look.

Let’s have my favorite protagonists. Mike and George.

Mike owns a fleet of ‘horse and carriages’. These are those huge big trucks that carry containers, sometimes they haul ‘double containers’. We’ve all seen them and I am sure, often been stuck behind one going up a hill! George is one of the drivers of the ‘horse’. Mike’s business is both in the various ports in SA as well as in Johannesburg. Mike’s vehicles transport the containers that are off-loaded in the ports and that must then be transported to where-ever the destination of the importer is, or alternatively from the exporter to whichever port the goods are leaving from for the exporter. There are also times when goods must be transported from the manufacturer to the recipient’s depot.

This particular issue arose when there were no loads to be transported and George was requested to act as a convoy driver.

George refused on the grounds that he was a ‘horse and carriage’ driver and as such his duties were to upliftment and transportation of containers and therefore he was restricted to this. His refusal was supported by SATAWU.

Mike stated that the instruction to act as a convoy driver, was fair and reasonable and therefore within the requirements of the law and that therefore, George had no right to refuse to perform the task on the grounds that it was not specifically stated in his job description.

The CCMA Arbitrator was asked to decide “whether, under all circumstances it is reasonable to instruct horse and carriage drivers to do convoy work, when there are no loads available.”

Next week we will have a look at what the Arbitrator came up with.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za

WHAT IT MEANS TO BE A REALLY GREAT PA

This is Thursday 22nd's post.

In my own experiance - there is nothing greater than a great PA and there's nothing so bad as a bad PA!

What it really means to be a great PA
21 December 2007 at 06h00

We often use the word "great" carelessly to describe the things that we think are grand, outstanding or superb. There are scores of quotes on what famous people think defines the essence of greatness.

Here are a few examples:"Everyday greatness is a way of living, not a one-time event. It says more about who a person is than what a person has. It speaks more about people's motives than about their talents." - Steven R Covey"

There are countless ways of attaining greatness, but any road to reaching one's maximum potential must be built on a bedrock of respect for the individual, a commitment to excellence, and a rejection of mediocrity." - American basketball player Buck Rodgers

My favourite is by Comte de Mirabeau, a French writer and stalesman who said: "None, but people of strong passion are capable of rising to greatness".

At this year's PA summit in September, the delegates were asked to ponder about greatness and the qualities, attributes or skills that define greatness in relation to self, bosses, organisation, colleagues, peers and social responsibility. While I was reading through the comments, what struck me was how different the views were even though we all work in the same profession.

The comments had one thing in common - they all had a sense of positivity. Some qualities did come up consistently. The responses from the participating PAs can be summarised as follows:

In relation to self - They said, among other things: ability to multi task; respect for accuracy; able to balance work and life; commitment; self-confidence; well-groomed; honesty; the right attitude, integrity, sound morals and values; keen to advance within profession, and willing to succeed.

It's difficult to choose the top three attributes that represent greatness in relation to self. Mine would be passion, confidence and self-knowledge - and I would focus on the imperative for a healthy balance between work and personal life.

In relation to bosses - The participating PAs said: show ability to work under pressure; appreciation of importance of feedback; committed to pre-empting needs and exceeding expectations; staying flexible; being a good listener; working on maintaining a good relationship; respecting the boss for his/her special values; caring for the bigger picture etc.

In my view, greatness is demonstrated when a PA and her boss work together seamlessly as a team, they respect and trust each other, and they communicate effectively. You immediately get the sense that they are on the same page.

In relation to organisation - In this case they said: having and showing ambassadorial skills, business acumen, business astuteness, planning and organisational skills, dedication, passion, optimism but also prudence, perseverance, enthusiasm and loyalty. A PA that is knowledgeable about her organisation, who exudes confidence without being arrogant, and who communicates well with all stakeholders embodies greatness in my opinion.

In relation to colleagues - The PAs' suggestions included being accountable; able to build a support system; showing a can-do attitude; setting example of performing to full potential; being someone others can count on; being co-operative; showing empathy; being kind and helping others etc.I look up to colleagues who lead by example, have a can-do attitude and they communicate well with superiors and subordinates alike.

In relation to peers and secretarial community - acknowledge success; network and be actively involved in matters dealing with the profession; show attention to detail, show companionship; be encouraging; lead by example and become a role model; offer moral support, share knowledge and expertise.Peers should share the passion for their profession and foster companionship and a sense of unity. In the greater secretarial community, there should be a sense of belonging, pride and mutual respect and understanding for its members to benefit from the association.

In relation to social responsibility - PAs believe that the attribute of greatness here means: being aware; caring; involved; empathetic, encouraging ethical business practices; following through on commitments; exercising innovating thinking and solutions, supporting mentorship programmes; and valuing teamwork.The goal to strive towards is to achieve greatness in all the areas described above. It's all about striking the balance between a great career and a great personal life.

Copies of the A-Z of Smart Working for PAs and office managers are available by calling 011-616-7401 or e-mail queenie@dictum.co.za

THE POWER OF NETWORKING - PART 62

Here's Wednesday 21st's post

THE POWER OF NETWORKING

PART 62

By Nikki Viljoen of N Viljoen Consulting CC

Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:

“Be respectful of the competition. Give credit, where it is due.”

Apart from anything else, this is just good manners! That said, let’s examine why Renate says this.

So, here I am – an Internal Auditor and Business Administration Specialist, working in the SMME arena. Since I am the only one that I know of in this field, doing this particular work – life is a bowel of cherries – I don’t have any competition, my diary is pretty full and life is great.

Then one day as I am going along on my merry way, I meet Jane Doe, who does (yes you’ve guessed it) Internal Auditing and Business Administration! So now I find myself a little corner that I hurriedly rush into to hide from my mortal enemy, who is going to steal all of my business from right under my nose, or I go out on a hell bent type mission to discredit her, trash her name, doing any and all that may be necessary to get her out of business!

Well I guess that there are some folk out there that would do exactly that, but that just seems like too much hard work to me – besides which, whilst I was busy doing all of that, Jane Doe would be working her butt off and getting business and doing really well – so what would I have achieved at the end of the day?

Knowing me, I would probably give her a call and set up a ‘one on one’ meeting. Find out where her strengths and weaknesses are and set about exchanging ideas, material and even clients.

You see, chances are that my weaknesses are her strengths and visa versa, and she has material (like policies, procedures and templates) that I don’t have and visa versa. I may have clients that want a ‘quick’ turnaround and I am strapped for time which means that instead of working through the night every second night, like I did in December, I can actually share the load. Then of course when I want to go on holiday, instead of everything coming to a grinding halt – she could actually keep everything running and I could do the same when she wanted a break!

For me this is a win, win situation and instead of getting myself into a real tizz about nothing, I could turn the whole thing around and work it to my advantage – a far better outcome don’t you think?

Think about it for a moment, exactly where would I have been if I had been disrespectful or bad mouthed her – pretty much in a really horrible place. Competition doesn’t have to be a nasty experience – it can be a real keeper!

For more information on Renate, please visit her website at www.hirs.co.za

Nikki Viljoen is an Internal Auditor and Business Administration Specialist and she can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

WINNERS PROJECT A POSITIVE IMMAGE OF THEMSELVES

This was Tuesday 20th's post

Well done Jabulile, you have hit the nail right on the head. It's all about personal branding - getting that right, will make the rest follow!

Winners project a positive image of themselves
Jabulile Mofokeng

26 March 2008 at 06h00

Ever had the feeling that you've been pipped at the post by someone just because they sold themselves so well? You know they were no better than you, but the way they projected themselves won the day for them. Do you present yourself in the best possible way or do you sometimes sell yourself short to other people?

The way you present yourself goes a long way towards shaping the impression others form of you. To create a good impression on potential employers, friends or even lovers isn't about being fake or worrying too much what they think. It merely means knowing how to emphasise and project your strong points and favourable characteristics in the best way and having the self-confidence to do so.

Selling yourself well doesn't mean talking just about yourself or arrogantly telling others how great you are. In fact people who just "big themselves" up all the time actually come across as less sure of themselves, simply because they obviously have to try too hard. But on some level you do need to present yourself well.

A common mistake people make is to sell themselves short. They actively put themselves down, talk about their failures, weaknesses and mistakes. They'll tell you what they can't do or attempt and why they are unable to do this or that. This self-effacement can really leak out and pretty soon other people start to agree with you. If you are too self-deprecatory, too publicly self-critical and describe yourself in too limiting terms, then it gives permission to others to join in and think less about you, even to talk about you in limiting ways.

You don't have to go around saying: "I did a wonderful job", but you can say things like: "I'm really pleased with the way that turned out." This sends the clear message that you have qualities/skills, etc. What you need to do is sell yourself in the best way. So how do you sell yourself best? Well how you sell yourself is down to your communication and to the way you feel inside.

Your communication happens through the way you dress, are groomed, move, speak and the subtle expressions of your face. Strong eye contact and a firm positive voice all show confidence. Smiling and being interested in what others have to say indicates attentiveness and friendliness. The demonstration of clear ideas and thoughtfulness displays logic, etc. Sell yourself so that your subconscious mind can absorb this. It's easy for the little negative voice in your head to sneer at you before you meet others, always reminding you of what you feel you're not good at. But we want you to sell yourself in the best possible way, so you need to be able to relax, to feel confident and to really be on your own side.

Sell yourself now and stop letting yourself down. Network confidently and always emphasise your strengths, look and feel good, don't use vulgar language, join associations and contribute your skills to sell you and boost your brand.

Jabulile Mofokeng is a marketing guru. She can be contacted at jabu@marketing101.co.za.

MOTIVATION - THE STRONG MAN

MOTIVATION – THE STRONG MAN


By Nikki Viljoen of N Viljoen Consulting CC

Today’s quote appears to have been written anonymously and it says “It takes a strong man to swim against the current; any dead fish will float with it.”

So what does that mean to you - I know what it means to me. Have a look around you at all the entrepreneurs, at all the small business owners and at all the people who have made a success out of their lives. They are all the ‘strong man’ in this story. They have all done, whatever it is that they have done and achieved against many, many odds!

I know from my own experience, that when I decided to go on my own, it was the biggest ‘leap’ of faith that I have ever taken in my entire life. Looking back in retrospect of course, I wonder about the fear and uncertainty that I experienced.

Of course at the time, it was really difficult and had I given in to my fear, or indeed listened to any of the numerous people that were telling me how stupid I was and the rest that goes with that, I would certainly not be where I am today, and this missive would not be in the process of being written. Again, looking back, I cannot understand what was so scary – what I do know however, is that I have grown a very thick skin.

Don’t get me wrong, I will listen to any advice that anyone wants to give me, but I make up my own mind, and do what is best for me and for my business, not what other people perceive as being best for me. I’ve come to realize that other’s people fear of me failing is exactly that – their fear and as such, it’s nothing to do with me and none of my business! I’ve come to realize that when they tell me not to do things, it is because they lack courage to do what it is that they dream of and on some subconscious level they seem to think that they are ‘saving’ me from myself.

How presumptuous! Oh I know that on some level they think that what they are doing is ‘best’ for me – but actually what they are doing is adding to my stress. Instead of supporting me and finding ways to assist me or to help me realize my dreams, they put every kind of hindrance before me.

Oh and I am not alone either! Every single person who has gone out on their own, started their own business or even dared to follow their hearts and their dreams, was in exactly the same space that I was in. They have all grabbed the bull by the horns and followed their hearts. They are all the ‘strong men’ who have swum against the current and who have won the right to live their dreams. They should all be applauded and their courage recognized.

So the next time you have something to say to someone who wants to start a business or follow a dream – instead of telling them what they can’t do, rather encourage them and tell them what they can do, help them, support them, encourage them and watch how successful they become.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

WORK NEEDS A BETTER REASON THAN MONEY

This is yesterday's post.

It's all about finding your passion - finding out what it is that you want to do with your life and then finding the right kind of employment to fit that passion.

Work needs a better reason than money
John Mullins

16 May 2007 at 11h00

Have you ever asked yourself why you work? As much as this question appears futile and hollow, the more you ask it, the more it appears intriguing, well at least to me that is.

It reminds me of the story of the priest who visits three stonecutters who are busy with the building of a cathedral. He asks the first what he's doing, and the man replies: "I am cutting stone." He asks the second, who says he is busy making money. Finally he asks the third, who replies: "I'm building a cathedral." The point of this story is that each person has a different perspective of their work. We all do the same thing actually. Each of us will see our jobs and work in different ways. Some of us will see the task in front of us as the reason for working. Others will see the job and work as a means to a different end, like making money. Others will see an even bigger picture. Perhaps linking their work to leaving a legacy, or contributing to a bigger cause out there. Whatever the perspective, the fact is, it affects how much commitment and motivation you show in the job.

Whether you are just starting out on a career path, changing jobs or firmly entrenched in your current role, the truth is that you need to understand how you think and feel about your work. Although it's been some time now, I do remember quite clearly when I first started working - I had a lot more hair on my head, as well as truck loads of enthusiasm. There was one small problem though. I didn't really spend much time asking why I wanted to work in that particular job. I didn't even wonder where my career would take me. I was just happy to get a job, and felt more moved by the fact that I was earning some money, rather than by what my work actually meant.

It didn't take too long for me to realise that the first job I took was not the one I really wanted. Although my early enthusiasm kept me going for a few months, eventually I found it hard to get excited about the task.

There are basically three routes to take from here. In my case I did the most common thing. I became irritated with work, I started fighting with my boss, and eventually I moved on and found another job. The other routes you can take are, to boldly accept your fate and merely carry on emotionally separating work from the rest of your life, numbing the pain you feel when you wake up on a Monday morning. Although this is also quite a common route to follow, it is one of the most disastrous and unsustainable. Finally, you could follow a path where you stand back and explore what makes this job truly special. It's where you begin to connect with the bigger picture and learn to embrace your contribution towards that. It is where you need to learn to open yourself up to feel satisfaction within your unique effort and you begin to understand that your role is an important one.In my mind, no person or situation should be more important than the job itself.

The reason is that jobs should be noble deeds that we carry out for the good of others or society. In a capitalist world, your job should still contribute to a worthy cause, not just to line someone's pocket. If, however, you find your boss, or a particular situation becoming more important than your job, it could be a warning sign that you should get out. It means, your role is either expendable or that there is little chance that people attach any importance to what you're doing.

Okay so this is where your challenge lies. You are the one who needs to see the importance in what you're doing and convince others of the same. If not, maybe that will guide you to the next route to follow.

Contact John Mullins on Johnmullins@peoplefutures.com

WHAT TO DO WHEN .... THERE'S A DISCREPANCY ON THE JOB DESCRIPTION - PART 1

ARTICLE 5

WHAT TO DO WHEN . . . . There’s a discrepancy on the Job Description

PART 1

By Nikki Viljoen – N Viljoen Consulting CC - March 2008.

How many times has one of your staff members moaned about something that you have asked them to do, by saying “it’s not on my job description”? I’m sure most of you can relate to this one, hell I’ve used it myself from time to time!

Let’s start at the very beginning – What is a Job Description? Many of the VSE (Very Small Enterprises) that I have worked with and in over the last five years seem to think that it the description of what the employee does. Wrong, wrong and wrong again! It is the description of the task that is performed. You see in some of the bigger Corporate’s, for example the Switchboard Operator is just that – a Switchboard Operator. In this case his/her duties would revolve only around what a Switchboard Operator does – answering of calls, determining who a call should be put through to and perhaps even taking messages. In a small concern though, where people are many things, one of the duties of a person may be that of a Switchboard Operator. The Job Description remains the same, but the duties differ!

Let me be a little clearer on this. In a small concern there may be one employee who does many jobs or functions. She/he may be the Switchboard Operator, the Receptionist, the Admin Clerk and the ‘walk in’ Sales person. In this instance, she/he would have four job descriptions as apposed to one, because she/he performs the duties to four different jobs.

So in the big Corporate instance – the duties listed on the Letter of Appointment, would be listed as something like “Switchboard Operator and all duties pertaining to this position as laid down in the Job Description . . .” whilst in the small concern – the duties listed on the Letter of Appointment, would be listed something like “Switchboard Operator, Receptionist, Administration Clerk and Sales Person and all duties pertaining to these positions as laid down in their respective job descriptions . . .”

In the big Corporate’s you could have many people using one Job Description – for example you would only have one Job Description for a ‘Sales Person’, yet you have a sales force of several thousand employees. In the VSE you may have many Job Descriptions, but only a few people to perform the tasks and/or duties that pertain to those Job Descriptions.

Next week we will have a look at what could happen if extra duties are given to staff and the consequences thereof.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za

YOU CAN OFFLOAD EMP[LOYEES WHO RESIST CHANGES

This was Thursday 15th post.

As usual with the Labour Laws, it is not what you say, it is when and how you say it. There is nothing that cannot be achieved. The trick is to always follow laid down procedures carefully. That is why it is important to have a good Labour Attorney, not a labour consultant, but a Labour Attorney to assist you.

You can offload employees who resist changes
The secret, though, is to follow the correct processes
Pierre Marais

27 February 2008 at 06h00

When changing employment conditions, the question is not only how to do this fairly but also how to fairly dismiss employees who do not want to accept such change. Readers should note that where an employer dismisses employees who refuse to accept an employer demand in respect of a matter of mutual interest, such dismissals could be classified as automatically unfair, as per case law and in terms of section 187(1)(c) of the Labour Relations Act (LRA).

Such mutual interest matters could include various employment/ operational issues, for example, a change in a shift system, commission structure, working hours, remuneration, etc. The five Labour Appeal Court (LAC) decisions quoted in last week's article will provide readers with more details of employees being dismissed for their refusal to accept changes to conditions of employment or changes to matters of mutual interest. Conversely, they provide examples of how some of these employers followed a different legal angle, which was acceptable, namely to dismiss the employees for operational reasons.

Notwithstanding the customary usage/interpretation of the LRA's sections 189 and 189A, namely to retrench excess employees, other forms of "operational requirement" dismissals have also been accepted by the courts, namely the dismissal of employees who refuse to accept changes to conditions of employment. The previously quoted LAC cases support this submission.

The secret though is not only what is done, namely to dismiss employees for operational reasons, but also how it is done. Readers are directed to the following two cases for principles as to the correct procedures.

Fry's Metals (Pty) Ltd v National Union of Metalworkers of SA and Others (2003).
Numsa and Others v Fry's Metals (Pty) Ltd (2005).

Employers wishing to change terms and conditions of employment should, from the start, deal with the matter from an operational requirement angle, namely that the employer has an operational requirement to change, for example, the shift system. This approach obviously necessitates compliance with section 189 and, if applicable and to complicate matters even further, to also comply with section 189A.

An employer's primary objective is a dismissal, for operational requirements - to get rid of employees who do not meet the business requirements of the employer so that new employees, who will meet the business requirements, can be employed. Emanating from the aforesaid LAC decision and so supported by the SCA decision, the following principles are important:
There must be an operational requirement for the change.
Any dismissal must be based on the employer's operational requirement(s) and not because the employees refused to accept a demand around a matter of mutual interest.
Such an operational requirement dismissal must be final. It must thus not be the intention of the dismissals to compel the dismissed employees to accept the proposed change so as to then continue to employ them or to have the dismissals withdrawn upon acceptance by the employees of the proposed changes.

Because the required change was a reasonable alternative to retrenchment, severance pay doesn't need to be paid. From a procedural fairness perspective, case law also highlights a very thorough process of consultation followed by employers prior to making the final decision. Apart from numerous consultation meetings, those employers that did it correctly seem to have followed a very structured approach of also communicating in writing and choosing the terminology used with the utmost care. Legally this type of exercise could become extremely complicated as, for example:

The affected employees/union will argue a unilateral change to terms and conditions and may use section 64 in order to go on a protected strike or a section 187(1)(c) automatic unfair dismissal claim.

The time periods before the employer may dismiss for operational reasons depend on whether it is a section 189 or a 189A process and, should a facilitator be appointed in terms of section 189A, it also determines a different time period.

In conclusion, employers don't need to be stuck with an unacceptable operational situation. However, employers are strongly advised to seek expert labour law advice. With specific reference to employers having an operational need to effect changes in working hours and remuneration due to the electricity cuts, such employers should be aware that they are walking a tight-rope as they could be required to dismiss a large portion of their staff or critical staff/skills.

Pierre Marais is managing director of the Labour Law Group. Contact him on 011-679-5944.

THE POWER OF NETWORKING - PART 61

Good morning bloggers - here's yesterday's post.

THE POWER OF NETWORKING

PART 61

By Nikki Viljoen of N Viljoen Consulting CC

What about the true value of your network? Do you know how to ascertain if the person you are talking to has such a thing? In fact do you know what the true value of your network is?

For me, the value of my network is evidenced by the number of people who talk about me even when I am not there. The members of my network refer me all the time and tell others of how I have referred them and what that has done for them as individuals and for their businesses.

I was at a networking function a couple of weeks ago and Helen Nicholson, who I consider one of the ‘guru’s’ of networking was the speaker. After her speech I grabbed an opportunity to have a quick chat with her and catch up. Her opening statement to me was “I hear that you are extremely busy!” Thinking that she had been talking to one of my friends I asked her who had told her and she relied saying “Everyone I meet with is talking about you, so you must be very busy!”

Here is the true value of my network at work. People are talking about me, referring me, referring each other. This is networking at it’s most powerful.

So tell me about your network, better yet – have a good look at your network. What do you do for them and what do they do for you. What is the value of your network?

Nikki Viljoen is an Internal Auditor and Business Administration Specialist and she can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

LOWERING OUR BAR

Goodness me! I am not sure where I got this article from or in fact who wrote it - that said it shows a disturbing trend of late.

Perhaps it is time to step back and take stock of which direction it is that we are going in.

Lowering our Bar

South Africans stand back and passively watch the gravity-defying drop in public standards at our peril. One instance is the Judicial Service Commission’s decision to let off Cape Judge President John Hlophe with a slap on the wrist for conduct grossly unbecoming such a senior judge.

The JSC was set up in 1994 as a vital pillar of South Africa’s new democracy to uphold the standards of the judiciary and ensure the profession feeds individuals of the highest ability and moral fibre on to the Bench. It has lowered the bar by effectively accepting Hlophe’s claim that he received verbal permission for secret payments from a financial services company from a minister who had long left office by the time the payments rolled in.

It has lowered the bar further still by indulging a blatant conflict of interests, in which he granted the company’s application to sue a fellow judge while being on the same company’s payroll. Much the same applies to the deeply disturbing circumstances surrounding the suspension of prosecutions head Vusi Pikoli -- however much the Cabinet might insist that concerns about a constitutional crisis are overblown. This, too, symbolises a steady erosion of standards.

At issue is the independence of the prosecution authorities, as enshrined in law, and the constitutionally guaranteed separation of powers. The Ginwala Commission threatens this independence. It is led by a politician constrained by terms of reference which could imperil the conclusion of a vital Scorpions investigation into organised crime and public corruption.By trampling on the National Prosecuting Authority’s turf, the ANC government has dropped the high standards of institutional independence it is largely responsible for putting in place. Our concern for “standards” is not nostalgia for the previously advantaged old order. The standards we speak of are those that gained ascendancy in 1994 with the advent of democratic rule, which were set in stone in 1996 when the Constitution was enacted. In the racial fracas over Hlophe a simple fact has been buried.

It is a black-led establishment that set the standards it now threatens to drop. Lack of judgement? If Hlophe refuses to step down, the inevitable result will be a decline in judicial standards. By allowing his conduct to pass without sanction, the JSC will forfeit its moral authority to act against other judges who in future accept pay-offs or crash into walls after a tipple and then claim immunity because of their status.

The rule of law can work only if there are no untouchables. Sadly, the JSC voted by a small majority -- which included Chief Justice Pius Langa -- to let Hlophe off the hook in the teeth of damning evidence. And despite the fact that he has dragged the dignity of his office through the mud on many previous occasions. Transformation of the judiciary and the legal profession is a testing job that requires strong and principled leadership. Hlophe’s idea of providing this is to call an advocate in his division a “piece of white shit”.

In its actions the JSC and black advocates have been sucked in by the chimera­ of racial solidarity. The cause of transformation is best served by appointing black judicial officers who will uphold the highest professional and ethical standards and then holding them to account. That is true Africanism.

Player below par

Finally South Africa has done right by the Burmese people. It took the Nelson Mandela Children’s Fund, which dropped Gary Player from the Mandela Invitational golf tournament, one of the fund’s landmark fundraisers. This is because Player violated sanctions against Burma when he designed a golf course popular with the ruling junta and its putting generals. It was the right thing to do, given South Africa’s history and the manifold ways in which we benefited from international solidarity, which made the old order apparatchiks near-lepers in the decent world.

Unfortunately, the South African government has been less than forthright. Earlier this year we failed to use a Security Council seat to support a resolution against Burma, retreating instead into bureaucratic gobbledygook about why it was not the right forum. With a vicious junta, the foot-soldiers of which have felled monks and gunned down a photographer in the saffron uprising of recent weeks, every forum is the right forum.

South Africa claims it was trying to secure political gravitas for the newly formed UN Human Rights Committee. In fact it was trying to ensure that no precedent was set so that a similar resolution cannot be taken against Zimbabwe, that other blight on the global conscience. Thank goodness the Nelson Mandela Children’s Fund has done the right thing and shown Player the South African way. As our correspondent noted last week, the Burmese people are looking to the people of Mandela to speak up for them.

Apparently deeply wounded at being dropped, Player trotted out a string of excuses, saying that at the time he designed the golf course it looked like the junta was relaxing its grip on power. He also hastened to assure us that he made no profit, but asked the developer to put the money towards creating jobs.

Player admires Mandela -- and he should therefore be able to see the obvious parallels between his hero and the Burmese leader Aung San Suu Kyi. Would he seriously suggest that we rush off to build a theme park in Darfur because there is a ceasefire and peace talks are under way?

MOTIVATION - GOING THROUGH THE BARRIER'S

MOTIVATION – GOING THROUGH THE BARRIER’S


By Nikki Viljoen of Viljoen Consulting CC


Today’s quote comes from Vincent Van Gogh who says:
“If you hear a voice within you say ‘you cannot paint,’ then by all means paint, and that voice will be silenced.”


Now we all know that Vincent Van Gogh was slightly mad! Anyone who cuts their own ear off has got to have lost the plot at some point. That said look at the beauty of his paintings, so somewhere along the line he had to have gotten it right


Pause for a moment and think about what his words mean. I know that people who play sport often ‘go through the pain’ and from what I understand it means that when whatever it is that you are doing is painful, you just keep on going and at some point it is no longer painful.


What makes business any different? Why do those particular words just have to pertain to someone’s talent, be that of the artistic kind or the sports kind? Surely that would also apply to ‘talent’ in the business sense of the word too?


There is not a single person who I know, who is in business today who has not at some point in time – just wanted to give up and throw the towel in. There is not a single person who I know, who is in business today who has not thought ‘why does it have to be so hard’?


Well the truth of the matter is that it does not have to be hard, it’s just that as mere humans we tend to loose our way and then we make decisions that have consequences and it’s living up to and with those consequences that is what is hard sometimes.


So the next time you hear the little voice inside of you, it doesn’t necessarily mean that it is time to book your spot in the nearest mental institution, it could just be your intuition giving you a nudge to make a decision.


What decision will you make?

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

WHAT TO DO WHEN . . . . STAFF ARE NEGLIGENT IN THE PERFOMANCE OF THEIR DUTIES - PART 6

ARTICLE 4

WHAT TO DO WHEN . . . . STAFF ARE NEGLIGENT IN THE PERFORMANCE OF THEIR DUTIES

PART 6

By Nikki Viljoen – N Viljoen Consulting CC - March 2008.

So here we are at the very end. Mike the business owner has had his say, George the security guard has had his say and the Commissioner at the CCMA has had his say.

The bottom line is that Mike has to re-employ George and also has to fork out a bunch of money for dismissing George in the first place, even though the Commissioner agrees that George was in fact wrong for not complying with laid down procedures.

So now it is time for me to have my say.

Yes I agree that George’s misconduct deserved a disciplinary. Yes I agree that ultimately George should have been dismissed!

Yes I agree that Mike was in a terrible situation, with serious losses occurring and yes I agree that Mike was well within his rights to have the surveillance equipment installed and monitored.

George’s claim that he had not been trained properly, is as far as I am concerned a load of rubbish – surely after 14 years he should have known what it is that he was doing. There is also documentary evidence that he was in fact trained – Mike has his signature to prove that.

George’s claim that he was transferred against his will is also a load of non-sense, there is no evidence to substantiate this claim.

My knee-jerk reaction would be that Mike did everything correctly and the decision should have been in his favour.

That said, and given time to reflect without any emotion, my mind has been changed. In terms of the law, Mike should have held the disciplinary and given George a Final Written warning as well as more documented training. The situation should then have been monitored some more and had George slipped up even once, another disciplinary should have taken place, at which time George should have been dismissed.

This would have shown that Mike had taken steps to correct the matter rather than just get rid of George. The CCMA outcome would also have been very different in my opinion.

The lesson that should be learnt here is always use caution. Make sure that every avenue has been covered. Make sure that you have been ‘seen’ to try and remedy before you just dismiss.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za

MAKING A CAREER OUT OF WORK

So which one are your?

Making a career out of work
(October 18 2007 at 07:09AM)

By Hannah Swerling and Elizabeth Fiala


Ever feel you and your job just don't fit?

"Don't struggle in the wrong job," says psychologist Dr Aric Sigman. "Invest in understanding your personality and choose a role that suits you." To discover your personality 'shape', do our quiz?

Choose the group of statements below that best represent you.

1. I love doing things I've never done before
I make decisions based on instincts
I love working out or playing sport

2. I'm a perfectionist
I really enjoy spending time at home
I tend to be ruled by my head

3. I hate being let down by a loved one
I like having time to prepare well
I make decisions to please everyone

4. I'm not very systematic or organised
I often have last-minute panic
I hate feeling trapped

Now, see what GLAMOUR career coach Kate Marlow has to say about your work type as she cracks the code?

If you're 1. "Level-headed and focused, your kind are definite leadership material and make great entrepreneurs. You love tackling goals head-on, but working for others can cause problems as you like the freedom to do things your way. With your dedication, cash rewards are around the corner!"

If you're 2."Others would kill for your systematic approach, which makes you superb at jobs that involve developing projects and improving structures, especially when it's something you believe in. With a high moral code, you're often happiest harnessing your social conscience. Look for jobs in politics, social regeneration or for ethically responsible companies."

If you're 3."Your biggest strength is your warmth and energy, so work your people skills to the maximum! You're ambitious too, so think big and reach for the stars. Any job that makes use of your gift of the gab is right up your street: your type do well in public relations, but also make great nurses, teachers and counsellors."

If you're 4."Step into the spotlight, because you were born to perform and persuade! Your imagination is a serious plus point, so use it to wow others and reach your goals. Not everyone has your vision, so focus your ideas and get ahead in the arts, the restaurant business, advertising or property development."

Hey, how was your day?

Victoria Donaldson, 23, Environmental Consultant at Ninham Shand.

What's the best part of your day? I'd have to say doing environmental evaluations on site. What that means is that I travel all over the country assessing different locations to make sure the environment isn't negatively affected by development.

What's the worst part of your day? Dealing with difficult clients who don't understand the environmental consequences of their actions.

I hate my boss!"My boss is not only arrogant and bad-tempered, but also overtly sexual. If he's not shouting at you, he's making crude jokes or giving you a look that makes your skin crawl. It gives me goosebumps thinking about it!"

Gina, 25

Work Quickie:Sixty-five percent of women admit to calling in sick when they're not and 10 percent say they do it all the time.

THE POWER OF NETWORKING - PART 60

THE POWER OF NETWORKING

PART 60

By Nikki Viljoen of N Viljoen Consulting CC

Who are the people that you connect with? Or perhaps the question should be who are the people that you target, to connect with?

Most people will say that they are people who would complement your business, or who would be able to give you business or would generate business for you. Am I correct? I thought so!

And if I was correct then your answer is . . . . wrong, wrong, wrong!

Look, I know that there are hundreds of people, and probably all the books, telling you to focus on being target driven, but the bottom line is very different and if you never listen to another thing I say – listen to this!

Trust your instinct, connections that you wouldn’t normally give the time of day to, will bring the right people into your life far more often than people who you would expect to connect you. How’s that for a statement?

I know that many of you will be very sceptical about this, but believe me it’s true. Let me give you an example. My friend Paula de Pinho from Europa Investments (www.europainvestments.co.za) imports freeze dried foods for the masses. We were at a networking event a couple of weeks ago and at the table was a young lady, let’s call her Sue, who is a fashion designer. I saw the look on Paula’s face when they introduced themselves because “how could Sue possibly help to get contacts to sell this food to by the container load (and it does come in by the container load” and I am sure that all of you are asking the very same question!

Well I am in the process of teaching Paula how to network and seeing that I am sharing so many of my networking tips with you, I will share this one with you too.

Think about it people.

Ok, here goes – who goes to a fashion designer to have their clothes designed? Certainly not me and probably not you. But the wives of the rich and famous do. And who best to twist the arm of a cabinet member, or a member of parliament or a CEO of a large firm with a big Corporate Social Investment (CSI) budget, if not his loving wife? Suddenly the light bulb goes on, doesn’t it?

On the reverse side, and for Paula to be just as useful to Sue – who is meeting with CEO’s of big corporate companies and ambassadors of foreign countries who have wives who would love to have their clothes designed for them and who on earth would Paula recommend? So another penny drops!

So do not ignore people who have been put into your life, don’t pre-judge. Get to know them, find out what it is that they do and be a ‘giver’, connect them with as many as you can out of your data base and then watch as they return the favour! You see when you give to others you give them a reason to be your greatest advertisers – they will sing praises to you at every given opportunity.

I don’t believe that there is such a thing as coincidence or sheer luck, I believe that you make your own luck. I believe that it is all to do with what you ‘put out there’, it will attract exactly what you need.

Your greatest marketing tool, is you yourself and the people that you connect with. There is no greater or stronger lead than one that comes from a referral.

So go out and connect today – connect with everyone, open your mind to the possibilities that are everywhere.

Nikki Viljoen is an Internal Auditor and Business Administration Specialist and she can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

S A BANKS FEES TWICE GLOBAL NORM

So what has this report achieved? Nothing that I can tell - we are still paying an absolute fortune for crappy service! Everyime I want something done these days I have to threaten with the Ontbudsman, not really the right way to go, but it seems to be the only one that has any kind of effect.

In the meantime, talk to your relationship manager (if you are lucky enough to have one), and try and negotiate your charges - you may just be lucky and get a reduction and if not, you haven't actually lost anything!

Sa bank fees twice global norm


Finance24
SA bank fees twice global norm
2007-6-20 09:56

Cape Town - South Africans pay more to own a cheque account than anyone else in the rest of the world. An international study by consultation firm Capgemini and its research partners, including the European financial management and marketing association, assessed South Africa's banking costs for the first time.

The World Retail Banking Report for 2007 would be presented to senior executive officers of local banks and the financial services sector. This is the fourth study into retail banking. South African cheque account holders are paying R1 863 a year in fees while the global average is R732.07, the report said.

Cheque account holders pay more for payment services than consumers in almost all other countries paid for all banking services in total. Business Report quotes Capgemini's domestic associate as saying that local users of lower service transactor accounts paid only 15% less than the global average for full-service cheque account customers (R627.56 compared with R732.07). Stephen Asbury told the business daily that very active current account holders constitute only 8% of all local bank users, yet they pay 28% of all South African bank charges.

The report comes amid a probe by the Jali Commission into local bank charges. A separate study by PricewaterhouseCoopers released on Tuesday showed that crime topped banks' fear list. PwC said a new priority, from a list of macro issues affecting bank's operations, coming out of this year's survey is that banks are now placing the issue of crime, followed by recruitment of good personnel, at the top of their lists. "Banks reported that emigration and inhibiting immigration policies are constraining the availability of quality staff and at the same time they have to address the requirements of affirmative action and employment equity."

Foreign and local banks have different areas of focus, with foreign banks intent on driving revenue growth. They also indicate a far greater commitment to South Africa from their parent companies than a few years ago, but foreign exchange controls in the country remain a concern to them, the study showed.

Finance24__________________

MOTIVATION - WITHOUT DREAMS

MOTIVATION – WITHOUT DREAMS


By Nikki Viljoen of Viljoen Consulting CC


Today’s quote comes from Harry Kemp, who says:


“The poor man is not he who is without a cent, but he who is without a dream.”


Well this is good news for me specifically, that’s for sure. A great deal of my ‘down time’ is spent dreaming. Sadly though, this is not the case for everyone.


I once had to interview of the staff members, for a client of mine. He had just bought another company out and when the staff of both companies welded together, there were obviously a great number of overlaps. So he needed to ascertain who was best for the job at hand. I did the interviews and checked what they were doing against what the job description was and then against what their CV’s said that they could do and then asked them what they wanted to do – what their passions were.


One chap looked at me quite blankly, when I asked him what his passion was. He really struggled with the question, grappling for an answer. Seeing his dilemma, I asked the question “If you won the lotto and you received R20 million, what would you do?” Sweat broke out on his brow – he was still at a loss. I asked him what car he drove, he told me it was a 1995 Mazda 323 (this interview took place in 2007), so I asked him, if money was not a problem, what car would he like to have. He hung his head as if he had done something wrong. My heart went out to him, it really did.


You see, he was married and his first child had just been born. He came from a background that was extremely poor and his only focus was how to get food on the table, clothes on his back and a roof over his head. When he married, his focus did not change, but now included the notion that he now had someone else to be responsible for, and when his baby daughter arrived it increased the pressure because now he had a family to provide for. He was so busy putting one foot in front of the other that he had not taken the time out to dream!


How incredibly sad is that.


I tried to think how my life would be if I didn’t have dreams and I must admit, I never got it right – I could not imagine my life without the many pictures, video’s and cartoons that flood through my brain at regular interviews. I’d probably be dead and even then considering my spiritual beliefs, I would still be getting those images!


It’s fun isn’t it – to dream about the next house that you will buy, the next car that you will drive, the places that you hope to visit, the businesses that you build? Well I think it is!


My life certainly is much richer for the dreams that I have and for the many dreams, in my life that have actually come true – because it’s not just about dreaming, but also about making those dreams a reality.


So whatever it is that you do today, don’t forget to dream!


Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

TEACHING THE TEACHERS

What a great idea - my only problem of course is that it would appear that teachers are teaching without the correct qualifications and/or skills - this is going to have a profound affect on the children who will become our future leaders - now there's a scary thought for you to digest today!

Teaching the teachers
Thabo Mohlala
16 April 2007 10:59


A programme by the University of North West’s Potchefstroom campus aimed at helping underqualified and unqualified teachers has been given the thumbs-up by two eminent professors in the United Kingdom.

The programme, called the School of Continued Training of Teachers, was started in the 1990s after scores of teachers from the area asked the university to help them upgrade their qualifications. The director of the programme, Professor Manie Spamer, said most were practising teachers who would not have time to attend classes on a full-time basis.

The university considered their request and decided to set up a tailor-made programme based on the “open learning” teaching model. In a recent evaluation of the programme, Spamer said Professors Frank Banks and Peter Knight from the Open University in the United Kingdom declared it “unparalleled in South Africa”.

Spamer said the professors gave the programme a glowing report. He said they were particularly impressed with “quality control, learning centres, tutors” and were “very happy with our pass rate of more than 70% in advanced certificate in education, the national professional diploma in education and honours”.

He said the professors also made recommendations such as “propos[ing] that we look into the possibility of replacing official examinations with portfolio” as this would ensure there is continuous assessment. “Boldness has paid off; we are impressed,” the professors said in their evaluation. “Our overall conclusion is that the NWU’s programme exceeds South African specifications and outdoes practices in many universities across the world.”

Asked why the programme was evaluated by foreigners, Spamer said this was because there was no other institution in the country that provides the same service. “We were not sure whether the programme was measuring up to international standards, so we invited two professors from the UK to do the evaluation,” he said. Spamer said the School of Continued Training of Teachers’ success can also be attributed to the “sterling performance by its 36 centres across the country, 26 full-time lecturers and 195 administrative staff members”, said Spamer.

The school also “serves approximately 18 000 teachers in both South Africa and Namibia”. Spamer said the school offers contact tuition twice a month as well as during March and October vacations. The North West’s provincial education department is also impressed with the school’s achievements and has “entered into a contract for the training of 30 000 teachers”, said Spamer. He said a similar contract has been concluded with the Mpumalanga department of education.

WHAT TO DO WHEN . . . . STAFF ARE NEGLIGENT IN THE PERFOMANCE OF THEIR DUTIES - PART 5

ARTICLE 4

WHAT TO DO WHEN . . . . STAFF ARE NEGLIGENT IN THE PERFORMANCE OF THEIR DUTIES

PART 5

By Nikki Viljoen – N Viljoen Consulting CC


So here we are, still at the CCMA arbitration and now awaiting the verdict of the Commissioner.

Based on the evidence that was presented at the CCMA Arbitration hearing, the Commissioner rejected both claims made by George. You will remember that George stated that he had not received any training in relation to the search procedures and that he actually objected to his being transferred to this particular post.

The Commissioner said that he agreed with Mike’s rule that the searches should be conducted in a certain and specific way and he said that he thought that this was a valid way in which to perform this task. He approved of this particular rule. The Commissioner also said that he agreed that George had failed in his duty has he had not obeyed the rule. A problem arises later on though, when the Commissioner decides that George only contravened the rule as a mistake – in other words it was unintentional. George did not intentionally fail to adhere to laid down procedures – George made a mistake! But I digress and get ahead of myself – let’s return to the story where it is now.

The Commissioner also took into account Section 188(2) of the Labour Relations Act which states “when a person is considering whether the reason for dismissal is a fair reason, he must take into account the Code of Good Practice – Dismissal.”

Although the Commissioner did consider the Code, he considered, in particular paragraph 7 (of the Code), which states “that when a person determining whether dismissal for misconduct is fair, must consider whether the dismissal was an appropriate sanction.” Herein lies the problem!

You see the Commissioner decided that the right thing to have done, would have been to put George through “progressive discipline”. This meant that Mike should have tried to correct George’s behaviour by putting him through a ‘system of graduated disciplinary measures’. This meant that Mike should have put George through a counseling hearing and then several warnings before dismissing him, thereby indicating that he had really tried, hard, to get George to follow the correct procedure.

The Commissioner also decided that George’s long service record should count in his favour and therefore the George’s dismissal was too harsh a price for him to pay.

The Commissioner said that in view of the fact that the store did not appear to suffer any losses during this period, George had “made a mistake” and that his conduct in not following the correct procedures was ‘unintentional’ and throughout the whole process George had not been dishonest.

The Commissioner further stated that he did not believe that George’s failure to follow laid down procedures, had broken trust in the employment relations.

The bottom line here is that the Commissioner’s decision was to overturn the dismissal and Mike had to re-employ George and he was also ordered to pay George a whole bunch of money.

Not nice hey?

Next week I will be giving you my views on this matter.

Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za

TO BLOG OR NOT TO BLOG, THAT IS THE QUESTION

To blog or not to blog, that is the question

Many internal communicators are still undecided about whether to blog or not. And with good reason. Blogs are email. Email transfers information that does not always communicate (i.e. transfer meaning or understanding). Email is not human communication with meaning (e.g. sincerity or lack of it) created by body language, facial expression, eye movement, and tone of voice.

Internal communication is about influencing employees’ behaviour. Your ability to do this depends on the quality of relationships at all levels and throughout the organisation. Obviously, employees are far more likely to change their behaviour as a result of discussions with someone they trust who listens to their concerns, than as a result of reading something on screen.

Even so, this is not an argument for communication only from the immediate supervisor face-to-face. Immediate supervisors are the preferred communicators for local issues and personal performance feedback. But my research shows that when it comes to major change, communication with senior executives, especially the CEO, is crucial to success.

Which brings us back to blogs. These are essentially online discussions. They are probably the next best thing to personal or small group discussions (or personal phone calls). If employees want interaction with the CEO about major changes, and the CEO can’t have small group interaction with most employees, then it may be worth maintaining a CEO blog. But the CEO must be prepared to put in the time and effort personally over the long haul (either permanently or for the duration of the change program).

In one 800 employee organisation with 80 remote global locations, employees said they loved getting emails from the CEO, but said he should write them himself. Embarrassed communicators worked out that eight of them had authored the CEO’s emails. Relatively few employees may read the CEO’s blog and even fewer bother to engage in dialog, but chances are they will be opinion leaders. So it may well be worth the effort.

In smaller organisations it may be a better use of the CEO’s time to get out and about to engage employees in groups of no more than about 40 or so (to allow meaningful interaction). Incidentally, while employees may love big events, these correlate very weakly with satisfaction with communication.

I once visited Ted Kunkel, former CEO of Forster’s, on the eve of a big trip. He was off to run 15 interactive sessions with no more than 50 managers in each. I calculated he was going to talk with 10% of his workforce. Hopefully the managers were then better able to spread his message more broadly.

I’m staggered that some CEOs make visits to remote company locations to meet government officials, clients and executives, but don’t bother to talk with groups of employees. I was once told by a bank CEO’s assistant “Mr F does not visit branches”.

So recognise that blogs may not transfer meaning or understanding, let alone change behaviour. And don’t encourage blogs at the expense of senior people engaging in personal interaction with the people of the organisation. You need to ensure this whether or not executives blog.

Rodney Gray Employee Communication & Surveys Sydney, Australia