WORKSHOP : JOHANNESBURG : How to Complete a Tender Document

How to Complete a Tender Document – 8 June 2011

Brought to you by Viljoen Consulting, Sisibukula, WIF, Randburg Chamber and the German Chamber

Accessing and completing tenders remains a mysterious area for most small businesses. Learn how to complete and submit a tender so that you can participate in a lucrative sector of business in South Africa. Using the practical skills that you will learn and understand in this powerful one day workshop, you will be able to make the system work for you to ensure that you apply for the opportunities that are best suited for you. Understand the pitfalls and how to avoid them by understanding your rights as well as your obligations. Get the right contracts in place and negotiate the best deal for yourself.

This workshop covers:
Entering into agreements
Changing Mindsets
Tenders
Other issues in the Tender Process
Contracts
Legal issues
Practical Examples

Malcolm Larsen
Malcolm is a Quantity Surveyor by profession. Malcolm has over 25 years worth of experience in submitting proposals for Tenders, contracts and project management of projects up to a value of R250 million. Malcolm is currently engaged as a Small Business and Personal Contract Specialist. Malcolm was also previously a “Fellow of the Institute of Directors”.
Join Sisibukula at this essential day long workshop:
Date: Wednesday 8th June 2011
Venue: German Chamber
47 Oxford Road
Forest Town
Johannesburg

Cost: R950.00 (includes breakfast/lunch/refreshments and course material, inclusive of VAT)

Time: 08.30 to 3.30/4.00 pm. (Registration from 08.00 onwards). Please allow additional travelling time to combat traffic.

RSVP: no later than Monday 6th June 2011 . Space is limited therefore bookings will be accepted on a first come first serve basis.

Please contact:-

German Chamber delegates please contact Shaan Padayachy at spadayachy@germanchamber.co.za or 011 486 2775

Randburg Chamber delegates please contact Nobuhle Mhlanga at manager@rcci.co.za or 086 101 9218

Women in Finance delegates please contact Colleen Larsen at colleen@womeninfinance.co.za or 084-353-9865.

Everyone else please contact Nikki Viljoen on nikki@viljoenconsulting.co.za or 083 702 8849 for booking details.

WORKSHOP : JOHANNESBURG : A Basic Practical Guide to Starting a Business

A Basic Practical Guide To Starting A Business – 1 June 2011
Hosted by Sisibukula, Viljoen Consulting, German Chamber, Randburg Chamber and WIF.
The workshop deals with the everyday issues that arise when starting a new business. It saves time and energy as well as money. Time in that you don’t have to spend time in queue’s trying to get the correct documentation, or doing research on the Internet or anywhere else for that matter, trying to find out what you have to do and where you have to go in order to do it.

A Basic Practical Guide To Starting A Business is broken up into the following main titles below and starts off with the difference between a Sole Proprietor, a Close Corporation and a Company and how to register each of these entities.

- Accounting Records & General
- Banking Accounts
- Receipts and Banking
- Cheque Payments and/or Internet Payments
- Invoices
- Credit Notes
- Bank Reconciliations
- Petty Cash
- Control of Numbered Stationery
- Computerised Accounting
- Staff & HR Issues
- Security/Safety
- Money Laundering
- Filing
- Stock Control

No prior knowledge of Starting A Business is necessary for this highly effective but simple to understand workshop that promises to equip you with powerful tools to register and manage your business on a practical level.

About the Facilitator – Nikki Viljoen
Nikki Viljoen is an Internal Auditor and Business Administration Specialist who has her own company called Viljoen Consulting.

Nikki has in excess of 30 years experience in this field both from a banking perspective as well as from a Corporate perspective.

Having seen a huge gap in the SMME market, Nikki started Viljoen Consulting to assist SMME’s to become compliant and to establish controls and processes and to implement structure into the smaller companies to give them greater stability, and to encourage sustainability.

Nikki’s business blog http://www.businessreality.blogspot.com/ or http://www.viljoenconsulting.co.za/ was recently internationally rated at 8.9 out of a possible 10. This places Nikki 5th in the world in her category. With her blog Nikki shares useful Business and Personal tips with anyone who cares to read it.

Date: Wednesday 1st June 2011

Price: R950.00 per delegate (includes breakfast/lunch/refreshments and course material)

Venue: German Chamber
47 Oxford Road
Forrest Town
Johannesburg

Time: 08.30 to 3.30/4.00 pm. (Registration from 08.00 onwards). Please allow additional travelling time to combat traffic.

RSVP: no later than Monday 30th May 2011 . Space is limited therefore bookings will be accepted on a first come first serve basis.

Please contact:-

German Chamber delegates please contact spadayachy@germanchamber.co.za or 011 486
2775

Randburg Chamber delegates please contact Nobuhle Mhlanga on manager@rcci.co.za or 086 101 9218

Women in Finance delegates please contact colleen@womeninfinance.co.za or 084-353-9865.

Everyone else please contact Nikki Viljoen on nikki@viljoenconsulting.co.za or 083 702 8849 for booking details.

WORKSHOP : JOHANNESBURG : Corporate Governance, Compliance & the New Companies Act, for Entrepreneurs

Corporate Governance, Compliance and the New Companies Act, for Entrepreneurs – 26 May 2011

Viljoen Consulting, Sisibukula, Women in Finance, German Chamber and Randburg Chamber together can provide you with every business solution for every business problem.

Come and join us at the workshop:
Much is heard about the Kings Commission and the New Companies Act, but what exactly does that mean and does it have any impact on the SMME/Entrepreneur? Of course it does and sadly, many only find out that it does, when they suffer the consequences.
As in all things in life, it makes sense for all small businesses and entrepreneurs to be proactive and run their businesses in a manner that evidences good governance.
The workshop takes the form of interactive sessions, where participants have the opportunity to discuss their own concerns and requirements and brainstorm towards solutions. Workshops will be valuable to owners and directors of organisations, no matter what the size of the company.

About the Facilitator – Frik Vermaak
Frik who is an Entrepreneur in his own right. Frik has 29 years of banking and financial services experience. During his career he obtained a BCom (RAU), MBA (PBS), TGMP (Harvard) and is a Chartered Marketer (SA). He completed his banking career at ABSA Corporate and Merchant Bank as General Manager Financial Institutions. He was a founding director of the JSE’s STRATE project and also served as a director of Unexcor and the Central Depository. He furthermore served on an advisory committee on the National Payment System of the South African Reserve Bank. In 2000 he was appointed CEO of Computershare South Africa Ltd. In 2004 he was a co founder and Executive Director of IIIPA Ltd, subsequently sold to Alexander Forbes. He consulted to both Alexander Forbes and IQ Business Group and worked as a corporate finance associate of Salamander Capital in structuring M&A, BEE and specialised funding transactions. In 2006 he joined Allegro Holdings as CEO until founding Evolution Consulting Group in 2009.

Frik is currently is Chief Executive Officer of Evolution Consulting Group, and serves in the boards of various companies. He uses his extensive experience in assisting Small and medium enterprise in business restructuring. He is a professional member of the Investment Analyst Society (IASSA) as well as the Marketing Association (MASA).
The workshop covers the following issues:
1. What is compliance?
2. Areas of compliance?
a. Corporate governance
b. Statutory compliance (New Companies act etc.)
c. Legislatory compliance (e. g. FAIS, FICA)
d. Industry/Product specific compliance
e. Labour compliance
f. Policies and procedures (HR, job descriptions, manuals, assessment policies)
g. Information Technology
h. Operational procedures (Manufacturing, Workflow)
i. Financial compliance (Audit, SARS etc)
j. Black Economic Empowerment
k. Disaster recovery/business continuity
3. Consequences of non-compliance: is it worth the price?
Be proactive and get yourself compliant before you are hit with fines and law suits and join us on this workshop.

Date: Thursday 26th May 2011
Venue: German Chamber
47 Oxford Road
Forrest Town
Gauteng

Cost: R950.00 (includes breakfast/lunch/refreshments and course material, inclusive of VAT)

Time: 08.30 to 3.30/4.00 pm. (Registration from 08.00 onwards). Please allow additional travelling time to combat traffic.

RSVP: no later than Tuesday 24th May 2011 . Space is limited therefore bookings will be accepted on a first come first serve basis.

Please contact:-

German Chamber delegates please contact Shaan Padayachy on spadayachy@germanchamber.co.za or 011 486 2775

Randburg Chamber delegates please contact Nobuhle Mhlanga on manager@rcci.co.za or 086 101 9218

Women in Finance delegates please contact Colleen Larsen on colleen@womeninfinance.co.za or 084-353-9865.

Everyone else please contact Nikki Viljoen on nikki@viljoenconsulting.co.za or 083 702 8849 for booking details.

WORKSHOP: Johannesburg - HR 101 for Entrepreneurs

HR 101 (Human Resources) for Entrepreneurs – 24th May 2011

Hosted by Viljoen Consulting, Sisibukula, WIF and the German Chamber
Within SMEs the one area where there is much confusion about right and wrong is HR. The Human Resources area often proves very difficult for the entrepreneur unless they have previously been in the HR sector and of course kept up to date with the latest legislation. This workshop is designed to assist entrepreneurs with the task of organising the Human Resources requirements of their business and to set up the required documentation to comply with current legislation.

HR 101 for Entrepreneurs is a workshop aimed specifically at small business owners and entrepreneurs, at all levels who want to equip themselves with the basics of the Human Resources and relating legislative aspects of their businesses.
Understanding the language of HR will empower you to take your business to the next level and to understand and manage the human capital and business growth. Ultimately you will be equipped to grow a healthy and sustainable business.
Topics that will be covered in this workshop:
Surviving Human Resources:
- Legislative Compliance
- Contracts
- Leave
- Recruitment & Selection
- Employment Equity & Skills Development
- UIF & WCA (How they work)
- Policies & Procedures
- Fundamentals of Discipline as a Concept
- Disciplinary Code

Fundamentals of Discipline Training
- The Principal of Progressive Discipline
- The Concept of Double Jeopardy
- Poor Performance vs Gross Negligence
- Investigation
- Formulation of Charges
- Preparing the Case/Structure of a Disciplinary Hearing
- Absconcion Procedure

No prior knowledge of HR is necessary for this highly effective but simple to understand workshop that promises to equip you with powerful tools to manage your business on a practical level.

About the Facilitator – Dyonne Modlin

Dyonne’s work experience spans over 13 years with the focus being in the Human Resources and Industrial Relations. She has also worked in the union-intensive Surface Mining industries for around 6 years where the focus was exclusively Industrial Relations, primarily handling wage negotiations, Unions, Discipline, CCMA arbitrations and conciliations on a nationwide group basis. Dyonne has held a similar position within the Printing and Packaging Industries.

Date: Tuesday 24th May 2011
Venue: German Chamber
47 Oxford Road
Forest Town
Johannesburg

Cost: R950.00 (includes breakfast/lunch/refreshments and course material, inclusive of VAT)

Time: 08.30 to 3.30/4.00 pm. (Registration from 08.00 onwards). Please allow additional travelling time to combat traffic.

RSVP: no later than Friday 20th May 2011 . Space is limited therefore bookings will be accepted on a first come first serve basis.

Please contact:-

German Chamber delegates please contact Shaan at spadayachy@germanchamber.co.za or 011 486 2775

Randburg Chamber delegates please contact Nobuhle at manager@rcci.co.za or 086 101 9218

Women in Finance delegates please contact Colleen at colleen@womeninfinance.co.za or 084-353-9865.

Everyone else please contact Nikki Viljoen on nikki@viljoenconsulting.co.za or 083 702 8849 for booking details.

MOTIVATION - Accepting Responsibility for Change

MOTIVATION – Accepting Responsibility for Change


By Nikki Viljoen of N Viljoen Consulting CC – May 2011

Dennis Waitley says “There are two primary choices in life, to accept conditions as they exist, or accept responsibility for changing them.”

Looking back on the articles that I have written on the subject of ‘accepting responsibility’ over the years, I am both surprised (at the sheer volume) and also a little saddened by it. Saddened because I still seem to find the need to write about something that I really feel should be second nature and automatic – taking responsibility for ones actions.

Change has to happen, it is the only way that we grow and evolve, whether as individuals, as part of a team (such as a company) or even as a country – change is going to happen, accept it. Despite the fact that so many of us resist change at every opportunity, we all accept on one level or another, that it has to happen – the Universe, the Gods (whomever you may perceive them to be) won’t let us sit and rest in our comfort zones for too long – we have to make changes and we all make them in our daily lives – yes we do, when you change lanes in order to go past another car – you’re making a change to your destiny (yip that’s exactly what you are doing!).

Now logic must tell us that any kind of change, not matter how big or how small, will have a consequence. Not only will it have a consequence, but it will also have ‘pros and cons’ and depending upon which one outweighs the other and which one we choose, we will be, in effect, accepting that particular consequence and that particular consequence will have a responsibility that someone will need to take and since you made the decision to change, the consequence and therefore the responsibility for that change is, and should be all yours!

That makes me, (and therefore you too) a very powerful person (and I’m not talking about the power that CEO’s and world leaders – even corrupt one’s wield), I talking about the power to make positive (yes and negative) changes in our own lives – changes that can improve every aspect of our lives. Oh, I know that many folk bemoan their lot in life and bemoan the fact that they are stuck in a rut or have no choice – but I guess that that is their choice and therefore their decision and it should be their responsibility therefore, to live like that.

The fact of the matter is that if you want to change, you have to take responsibility for yourself and make that change.

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

HR - When is Theft, not Theft

ARTICLE 68

When is Theft, not Theft?

By Nikki Viljoen of Viljoen Consulting CC - May 2011

One of the most confusing experiences that I ever had is when I caught someone, literally with their hands in the cookie jar. We held the disciplinary, followed the rules and the staff member was dismissed. CCMA did not uphold the finding and we ended up paying a huge amount of money as a settlement. Here’s a similar story – let’s bring in the protagonists.

Mike runs a small retail business in a busy mall. He has several staff members, but today we are going to meet George and Jane, who are both sales people in the shop.

Everybody works well together and as a team and Mike is grateful to have such a great team.

We all know that month-end in a mall is crazy busy and there is no time to stop and smell the coffee, let alone slip out of the store to go and buy anything.

George has a new girlfriend whom he is besotted over and he is constantly messaging her from his cell phone and even sneaking the odd call while he ‘collects’ product from the stockroom. Suddenly in the middle of a conversation where he is arranging to meet the love of his life after work for dinner, he runs out of airtime.

Caught up in the moment and concerned that he won’t connect with her that evening, George doesn’t stop to think about what he doing. George walks into the staff room and takes Jane’s phone out of her handbag that was lying open on the table and calls his girlfriend back.

As he makes the call, Jane walks in and finds George making a call on her phone – she freaks and rushes off to tell Mike! This is the first hint of any kind of dishonesty and Mike is furious.

When George is confronted, he admits that he took the phone of Jane’s bag and that he used it without permission, but he denies that he ‘stole’ the phone. Mike disagrees because as far as he is concerned, when you take something without permission – it’s theft.

George is disciplined, found guilty and is dismissed. George goes to the CCMA and they overturn the dismissal and Mike has to pay out 12 month’s salary as a settlement to George. Mike is gobsmacked, as I am sure most of you are right about now.

The CCMA found that ‘dismissal was too harsh a penalty in this case because the charge had been unauthorised possession” of the cell-phone and that nothing was documented about dishonesty or that the relationship of trust had been destroyed.”

You see ‘Unauthorised possession” is not automatically a dismissible offence and had they proved or shown that George was dishonest or that he could no longer be trusted, the outcome would have been very different.

The reality of the situation is that as individuals, we would never even dream of representing ourselves in a court of law, and yet as Entrepreneurs, we consistently and continuously insist on representing ourselves and our company’s in labour issues.

Please ask for help when you need it, experience shows that it will cost you far less in the long run!

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

EARLY WARNING - Paper on Your Back Windscreen

EARLY WARNING

Paper on Your Back Windscreen


By Nikki Viljoen – Viljoen Consulting May 2011.

I received a mail from my colleague Allen Berkowitz that says “Warning From Police”. Now whether that is true or not I have no idea. The contents of the mail however, sound like it is something that could be done and therefore we should all be aware of what could happen. It is reproduced below.

“WARNING FROM POLICE
THIS APPLIES TO BOTH MEN AND WOMEN
BEWARE OF PAPER ON THE BACK WINDOW OF YOUR VEHICLE
NEW WAY TO DO CAR JACKINGS (NOT A JOKE)

Heads up everyone! Please keep this circulating. You walk across the car park, unlock your car and get inside. You start your car and put it in reverse.

When you look into the rear view mirror to back out of your space, you notice a piece of pager stuck to the middle of the rear window. So you stop and jump out of the car to remove that paper (or whatever it is) that is obstructing your view.

When you reach the back of your car, that is when the carjackers appear out of nowhere, jump into your car and take off. They practically run you over as they speed off in your car.

And guess what ladies? I bet your purse/handbag is still in the car. So now the carjacker has your car, your home address, your money and your keys. Your home and your whole identity are now compromised!

BEWARE OF THIS NEW SCHEME THAT IS NOW BEING USED.

If you see a piece of paper stuck to your back window, lock your doors and drive away.

Remove the paper later and be thankful that you read this mail. I hope you forward this to friends and family, especially to women. A purse/handbag contains all kinds of personal information and identification documents and you certainly do NOT want this to fall into the wrong hands.

Please tell your friends.”

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

BLOGGING TIPS - Being Kind to Your Readers

BLOGGING TIPS – Being Kind to your Readers


By Nikki Viljoen – Viljoen Consulting CC April 2011

I’ve just read an article entitled “6 Ways to be Kind to your Readers” by Bamboo Forest, and I must admit I was absolutely intrigued by the title. I mean kindness in itself is something most of us aspire to have and I am sure that we all think of ourselves as ‘kind people’ or at the very least, we would like to think of ourselves as kind (even if we may not be).

But what does it mean – to be ‘kind’ to our readers when we blog? I mean as much as it is our choice to write the blog, it is our reader’s choice as to whether they read the blog or not, surely?

So here is what ‘Bamboo Forest’ had to say:

1. “Kill or shorten introductions”. Now this particular statement, I am very sure will not work for me. To be fair, I can understand it up to a point, but for me, my intro sets the stage for the story to unfold. “Killing or shortening” that intro would hurt the story before it began to unfold.
2. “Champion quality over quantity”. This one however, in my opinion is right on the money! At a point, I was writing 5 new articles every week. Now don’t get me wrong, if you have the time to do the research as well as write the article – well that’s just fantastic and a great bonus. However, my workflow increased and the number of hours in the day didn’t and because I didn’t want to compromise the quality or the value of my writing, I have chosen to cut back on the number of articles that I write. There may be times when there are no articles for weeks or even months and then again there may be times when I am able to write on a pretty regular basis. I would rather write a good meaningful article than a rushed half -hearted one!
3. “Commit to having every post be entertaining”. Interesting – absolutely! Entertaining – well I am not too sure about that one, particularly in the world of business and especially in the world of business in South Africa. Current legislation and politics and proposed new legislation often makes really scary reading. Finding solutions to implement the changes without too much upheaval or cost, would hardly make for entertainment, unless of course you are falling about with laughter at the absurdity of it all.
4. “Write clearly” Well that makes perfectly good sense to me, especially when you are writing about business topics. People need to know what the point is. Let’s face it, if you are writing a piece of fiction, there doesn’t always need to be a ‘moral to the story’ (although a plot or storyline is a must), but if you are writing a piece on business – there has to be a point and people have to ‘get it’!
5. “Keep your posts as short as possible”. Again for me this is dependent upon the telling of the story. Sometimes the point is best made and illustrated by means of a story and the length of the story – well if the truth be told, it doesn’t matter how long the story is, as long as it keeps you engaged and interested and it illustrates the point, so that you the reader, ‘get it’!
6. “Step up your game”. Now this one, I particularly like. You see, for me ‘if you are not growing you’re dying”! If you are not constantly challenging yourself and your readers with what you are saying, if you are not improving or engaging or teaching or learning or moving forward or upward in some way –well what is the point?

So I guess what I am trying to say is that there are always guidelines on what to do and how best to do it. Thing is though, it has to serve your own soul and it has to make a difference in the lives of others – if it doesn’t meet those two requirements, well personally, I’d give it up.

Till next time, happy blogging!

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

BUSINESS TIPS - Bookkeepers & Financial Year End - Part 2

BUSINESS TIPS – Bookkeepers & Financial Year End – Part 2


By Nikki Viljoen – Viljoen Consulting CC – May 2011

I know that I continually harp on about getting the right bookkeeper/accountant in place – the reason for this is that having the wrong one can end up costing you an arm and a leg.

It is imperative that your bookkeeper/accountant advise you in advance of any changes that will affect you. Imagine the waste of money and resources if the Company owner only found out that the has to pay VAT monthly when he reaches the R35 million turnover per annum mark, 6 months after he has met that particular milestone? The penalties and interest would be absolutely staggering!

The bookkeeper/accountant must also ensure that you are given monthly financial statements or management reports. Here’s the thing though, if you are given reports and/or statements that you have no idea how to read, these reports/statements are actually not worth the paper that they are printed on! So it is therefore incumbent upon the bookkeeper/accountant to make sure that you understand what it is that they are giving you. There is no way that you can make an informed decision around the financial aspects of your business if you have no idea about what is going on.

In terms of the law, your Company is obliged to produce Annual Financial Statements. This is to evidence to SARS (should they ask) what your financial status was during the course of the year and of course, so that your Company taxes can be correctly calculated. This must also be done timeously by your bookkeeper/accountant and they must be signed off correctly in terms of the law.

If, in terms of the law, your books must be audited, then it is the responsibility of the bookkeeper/accountant to assist the auditors with the auditing process and communicate and liaise with the auditors.

All of these issues should be done automatically and timeously by your bookkeeper/accountant, but that said you – the business owner remains accountable and responsible, so you need to manage your relationship with your bookkeeper/accountant to ensure that you are kept up to date.

As with most things in life, there are good bookkeeper/accountant’s and bad. Make sure that whomever you choose is at the very least registered and properly qualified and remember that no matter how brilliant/qualified/professional they are – you are ultimately responsible, so ensure that you, at the very least, pick one that you can build a relationship with and not someone who is just a voice at the other end of the telephone and that you are not just another invoice that has to be raised every month.

Finally – understand that SARS will not accept “ignorance of the law” as a reason for you not doing or paying stuff. Irrespective of whether or not you have a bookkeeper/accountant who did or didn’t do what needed to be done, it is your responsibility to ensure that things are done and you will be held accountable.

It’s your business at the end of the day and you need to keep your finger on the pulse.

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

WORKSHOP : JOHANNESBURG : How to Write A Business Plan

Workshop Invitation: How To Write A Business Plan – 12 April 2011

Gaster Sharpley, author of “My Small Business” writes “Planning is critical to the success of a business, no matter how small or big the business is. Most Entrepreneurs only put a plan in place when they need to borrow money, however, even a cash based business should plan in order to stimulate and influence growth.”

Writing a successful business plan is the first stepping stone to achieving your goals as a business owner. This task can seem daunting, especially if you are not equipped with the correct knowledge.
Sisibukula in conjunction with the S A German Chamber and Women in Finance is proud to host a workshop entitled “How to write Business Plan” facilitated by Kevin Foot.

About Kevin Foot
With many years of experience in corporate management and International Trade, Kevin Foot has the insight into the workings of a business that will give your business plan the edge it needs to be successful. As an Associate of the Institute for Independent Business (www.iib.ws) and a registered business broker for Aldes business brokers (www.aldes.co.za) he aims to add value and a wider range of skills and knowledge to SMME’s.

This thorough course will take you through each step of the business plan covering each topic extensively.

Mission and strategies
Sales, marketing and finances
Product and service description
Target Market Profiles, Customers and users
Reviewing the competition
Marketing strategies, plan, projections
Technology and R&D
Operational plans including capital expenditure projections
Funding
Implementation

Join Sisibukula at this essential day long workshop:

Date: Tuesday 12th April 2011

Venue: German Chamber
47 Oxford Road
Forrest Town
Johannesburg

Price: R950 per delegate includes notes, refreshments, lunch (VAT Incl)

RSVP: no later than Friday 8th April 2011. Space is limited therefore bookings will be accepted on a first come first serve basis.


For Booking Please Contact:

SA German Chamber delegates, please contact Shaan Padayachy on 011 486 2775 or spadayachy@germanchamber.co.za.

Women In Finance delegates, please contact Colleen Larsen on 084 353 9865 or colleen@womeninfinance.co.za

Everyone else please contact Nikki Viljoen on 083 702 8849 or nikki@sisibukula.co.za

HR - The Charge - Sexual Harassment

ARTICLE 67

The Charge – Sexual Harassment

By Nikki Viljoen of Viljoen Consulting CC - April 2011

I have been reading some very interesting case studies lately and thought that it might be a good idea to share some of these with you. Now before anyone does the usual ‘knee jerk’ and the government’s legislation etc., let me be very clear on one thing. The law (irrespective of whether it is labour law or commercial law or any other specific law) is always open to interpretation – just keep that in mind always.

So let’s bring in the protagonists – Mike, who owns a retail outlet, selling CD’s and DVD’s, in a busy mall. Mike employs George, who is the supervisor and Julie (amongst others) who is a sales person.

Mike goes off to attend a meeting one Monday and comes back to absolute chaos. Julie is in floods of tears and it is evident that all the female staff in the store are really angry with George. Mike starts to investigate.

Apparently, or so the story goes from the female perspective, George and Julie received new stock, as was the norm on a Monday morning, that came with posters. The one poster was of the lead singer of a band, standing in a typical “Michael Jackson” pose with his hand on his genitals. Julie was disgusted at the visual effect of the poster and commented that it should not be displayed in the windows for children to see and George, from the male perspective, thought that the poster was hilarious and that there was nothing disgusting about it.

To illustrate his point (and I suspect to tease Julie), George jumped up and started dancing around Julie, to the music that was playing in the store and every time he came around to the front of her, he gyrated and put his hands over his genitals, mimicking Michael Jackson’s dance moves.

The men found this absolutely ‘fall down funny’ but the women were outraged. George, intent on getting his dance moves just right, misread Julie’s protests of his dance and continued to dance around her. Julie felt that his behaviour was disrespectful and unprofessional and George oblivious to this, just continued to gyrate and dance.

Eventually his dance routine was interrupted, when a whole group of customers entered the store, they had to be attended to.

The male staff saw this as a bit of harmless fun, but the female staff saw this as disrespectful behaviour as well as a form of sexual harassment as he had gyrated and ‘grabbed his genitals’ in Julie’s face.

Understandably, Mike was really annoyed with George. Not only was his behaviour unprofessional, but as the supervisor he should have been setting an example. Sexual harassment is a dismissible offense and Mike went through the process of the disciplinary. George was found guilty and was dismissed.

George lodged with the CCMA and unfortunately Mike lost the case.

Here’s the thing – although the charge of “Sexual Harassment” is an extremely serious one, the CCMA found that “the dismissal was too harsh because it was an isolated incident and was unlikely to be repeated.”

Sure, George’s behaviour was inappropriate, but no-one had been sexually assaulted or raped or threatened and as I have said many times – the punishment must fit the crime.

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