HR 101 - WHAT TO DO WHEN . . . . Your Staff Want to Strike – Part 6
By Nikki Viljoen – N Viljoen Consulting CC.
Please note that this pertains to South African Labour Relations and Best Practice requirements.
So what is a ‘lockout’ actually? A ‘lockout’ is when the employer, locks the striking employees, out of the office/warehouse/factory/store etc. There are two types of ‘Lock Out’ – a ‘defensive’ and an ‘offensive’ ‘lock out’. An employer is not obliged to remunerate an employee for services that the employee does not render during a protected strike or a protected lock-out,
In terms of the Labour Relations Act of 1995, Section 64 (which is the section that deals specifically with “Lock outs”), there are several reasons when the ‘lock out’ can be a really useful tool if there is a strike.
The union has to give ‘Notice of Intention to Strike’ and when they do this you are entitled to issue a “Lock Out Notice’ which means once the strike begins – so does the ‘lock out.’
Let’s have a look at the benefits of a ‘lock out’.
Well firstly a benefit would be that the employer does not have to pay the employee for the duration of the strike.
Secondly, the union officials and their shop stewards very often do not advise the employees of the employers right to ‘lock out’ and often the employees only find this out after the fact, which places them on the ‘back foot’ so to speak. The Lock Out notice must be placed on the Company Notice board so that all employees are aware of what action the employer is going to take.
Giving a notice of lock out changes the ‘power play’ quite drastically. The striking employees are no longer in control of when they come back to work.
A defensive ‘lock out’ must always be in response to a strike, because the employees can not return to work until such time as they have dropped their demands.
Be careful though, the opposite of a ‘defensive’ ‘lock out’ is an ‘offensive’ ‘lock out’ and that occurs if you declare a ‘lock out’ that is not in response to a strike. This would then mean that your employees would have to accept the employers demand to come back to work. If you declare an ‘offensive’ ‘lock out’, you will not be allowed to use any replacement labour and this is in terms of the Labour Relations Act of 1995 section 75(1)(b).
An ‘offensive’ ‘lock out’ lets the striking employees and the union officials know, just how serious you are about the offer that you have put on the table. An ‘offensive’ ‘lock out’ should only be used together with negotiations on an ‘ongoing’ basis and it is highly likely that this will then result in a settlement which should bring the strike to an end.
So make sure that you know and understand exactly which ‘lock out’ you are declaring and why. Declaring the wrong one could cause you a lot of wasted time and energy, not to mention costs incurred.
The bottom line of course is that prevention is always better than cure and although it costs the employer ‘an arm and a leg’, the reality of the situation is that it also costs the employee, usually a lot more than what they bargained for.
So no matter how deadlocked talks appear to be, it is in your own best interests to continue to talk to union officials and shop stewards. They too, more often than not, would also like to see a settlement sooner rather than later.
Next time we will have a look at Unprotected or prohibited strikes.
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
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Friday, December 15, 2017
Thursday, December 14, 2017
Marketing 101 - Personal Branding - Changing Your Mind Set
Marketing 101 - Personal Branding – Changing Your Mind Set
By Nikki Viljoen – Viljoen Consulting March 2010.
Like most things in life, there is branding and Branding and then there is BRANDING!
There is branding that belongs to a product such as Coca-Cola or Nissan and then there is personal branding that belongs to an individual, like Edith Venter, our well known South African socialite. Then of course there are those who not only have a personal brand but also a business brand. Here Edith carries dual branding because of her business, Edith Venter Promotions.
Just like businesses change and rebrand themselves, and the two that popped into my mind almost immediately, are Pick ‘n Pay and Castle Larger (neither of them have been in the very recent past, but they have both been rebranded at some point). Both companies changed their branding, their logo’s, their look and with it upgraded their image to something similar but also quite different to what it was before. The new look seemed more modern but make no mistake, it cost them millions!
So cost aside, why would an individual ‘re-brand’ themselves – I mean at the end of the day, you are still ‘you’ – or are you?
Some individuals need to change their brands because they have moved on from what they used to do or because they were associated with another brand and the relationship has gone sour or a marriage that has not survived, whatever the reason, understand it is going to be a long, painful and probably very costly exercise.
Here’s the thing – when you started out branding yourself, you did it one step at a time, one person at a time. You did an incredible job of letting the world know who you are and what it is that you do. You told everyone who would listen (and even some who didn’t) all about your passion. You got yourself interviewed on TV and radio and wrote articles that were published in magazines and newspapers. You got yourself photographed with as many famous people as you could get close to. You wrote blogs and had an opinion on every subject under the sun. You interacted on Facebook and told the world about your accomplishments and you ‘Twittered and Tweeted’. Friends, family and colleagues were carefully instructed on what to say about what it is that you do and anyone who got your title wrong or made the slightest mistake about what you do, were gently corrected.
You created an all powerful brand . . . that is you.
Now, due to whatever circumstance that has occurred in your life, that brand has to change – but remember, for years you have been telling the world that you are . . well “You” and now you want to tell them that you are no longer the ‘old you’, but a ‘new, improved you’. Remember though, that people (no matter how ‘open minded’ they say they are) are basically creatures of habit and just because you have had a mind set change or undergone a personality change, their perception of you will in all probability, remain with the ‘old you’. So don’t be expecting them to change their mindset or perception over night.
Make sure that you understand the process that you are about to undertake when rebranding yourself – it’s not a ‘quick fix’ kind of process, but rather one that is very long term and just like you branded yourself the first time, one step at a time, one person at a time – so to will the journey be for rebranding yourself (although in truth it will probably be a little faster, since at the end of the day – you are still . . . well ‘You’).
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
By Nikki Viljoen – Viljoen Consulting March 2010.
Like most things in life, there is branding and Branding and then there is BRANDING!
There is branding that belongs to a product such as Coca-Cola or Nissan and then there is personal branding that belongs to an individual, like Edith Venter, our well known South African socialite. Then of course there are those who not only have a personal brand but also a business brand. Here Edith carries dual branding because of her business, Edith Venter Promotions.
Just like businesses change and rebrand themselves, and the two that popped into my mind almost immediately, are Pick ‘n Pay and Castle Larger (neither of them have been in the very recent past, but they have both been rebranded at some point). Both companies changed their branding, their logo’s, their look and with it upgraded their image to something similar but also quite different to what it was before. The new look seemed more modern but make no mistake, it cost them millions!
So cost aside, why would an individual ‘re-brand’ themselves – I mean at the end of the day, you are still ‘you’ – or are you?
Some individuals need to change their brands because they have moved on from what they used to do or because they were associated with another brand and the relationship has gone sour or a marriage that has not survived, whatever the reason, understand it is going to be a long, painful and probably very costly exercise.
Here’s the thing – when you started out branding yourself, you did it one step at a time, one person at a time. You did an incredible job of letting the world know who you are and what it is that you do. You told everyone who would listen (and even some who didn’t) all about your passion. You got yourself interviewed on TV and radio and wrote articles that were published in magazines and newspapers. You got yourself photographed with as many famous people as you could get close to. You wrote blogs and had an opinion on every subject under the sun. You interacted on Facebook and told the world about your accomplishments and you ‘Twittered and Tweeted’. Friends, family and colleagues were carefully instructed on what to say about what it is that you do and anyone who got your title wrong or made the slightest mistake about what you do, were gently corrected.
You created an all powerful brand . . . that is you.
Now, due to whatever circumstance that has occurred in your life, that brand has to change – but remember, for years you have been telling the world that you are . . well “You” and now you want to tell them that you are no longer the ‘old you’, but a ‘new, improved you’. Remember though, that people (no matter how ‘open minded’ they say they are) are basically creatures of habit and just because you have had a mind set change or undergone a personality change, their perception of you will in all probability, remain with the ‘old you’. So don’t be expecting them to change their mindset or perception over night.
Make sure that you understand the process that you are about to undertake when rebranding yourself – it’s not a ‘quick fix’ kind of process, but rather one that is very long term and just like you branded yourself the first time, one step at a time, one person at a time – so to will the journey be for rebranding yourself (although in truth it will probably be a little faster, since at the end of the day – you are still . . . well ‘You’).
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
Wednesday, December 13, 2017
Networking 101 - Recognizing the Opportunities
Networking 101- Recognizing the Opportunities
By Nikki Viljoen of N Viljoen Consulting CC
Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:
“Don’t expect colleagues with similar credentials and expertise to be referral sources.”
This one always makes me smile! Don’t get me wrong, Renate is spot on the money, it’s the insecurities of the human race that makes me smile!
I’ve said this so many times, I feel like I should actually make a recording – there is enough opportunity and work out there for all of us to get more than we could possibly handle!
So what we should be doing is referring colleagues with similar credentials and expertise.
I can hear the buzzing – why? Well firstly, why not? Secondly, because by doing this you start and nurture a relationship with them, and then when they get too busy to cope with their workload, (presuming of course that you are not too busy yourself), instead of just getting new staff in to do the work that they have to train and then keep after the project is finished, the two of you could join forces in a joint venture or strategic alliance and do the work together! For me it’s a no brainer!
I honestly cannot understand what this ‘jealously guarding your clients, potential clients or any rumour of any kind of work that may be available in your area of expertise,” is all about. When you behave like this you are so focused on keeping everyone at bay, that you end up losing your clients and your potential clients too, because you have kept them at bay too!
Seriously people, there is more than enough to go around and then some – you just need to recognise the opportunity and then do something about it!
So go on, share your information, share your resources and refer as many people as you can – what will happen is that people will start referring you and before you know it, you will be so busy you won’t know what to do with yourself.
The more you give, the more you will get!
For more information on Renate, please visit her website at http://www.drrenatevolpe.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 or http://www.viljoenconsulting.co.za
By Nikki Viljoen of N Viljoen Consulting CC
Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:
“Don’t expect colleagues with similar credentials and expertise to be referral sources.”
This one always makes me smile! Don’t get me wrong, Renate is spot on the money, it’s the insecurities of the human race that makes me smile!
I’ve said this so many times, I feel like I should actually make a recording – there is enough opportunity and work out there for all of us to get more than we could possibly handle!
So what we should be doing is referring colleagues with similar credentials and expertise.
I can hear the buzzing – why? Well firstly, why not? Secondly, because by doing this you start and nurture a relationship with them, and then when they get too busy to cope with their workload, (presuming of course that you are not too busy yourself), instead of just getting new staff in to do the work that they have to train and then keep after the project is finished, the two of you could join forces in a joint venture or strategic alliance and do the work together! For me it’s a no brainer!
I honestly cannot understand what this ‘jealously guarding your clients, potential clients or any rumour of any kind of work that may be available in your area of expertise,” is all about. When you behave like this you are so focused on keeping everyone at bay, that you end up losing your clients and your potential clients too, because you have kept them at bay too!
Seriously people, there is more than enough to go around and then some – you just need to recognise the opportunity and then do something about it!
So go on, share your information, share your resources and refer as many people as you can – what will happen is that people will start referring you and before you know it, you will be so busy you won’t know what to do with yourself.
The more you give, the more you will get!
For more information on Renate, please visit her website at http://www.drrenatevolpe.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 or http://www.viljoenconsulting.co.za
Tuesday, December 12, 2017
Business Tips - Why Twitter - Part 2
BUSINESS TIPS – Why Twitter – Part 2
By Nikki Viljoen – Viljoen Consulting CC June 2010
Everyone is ‘twittering’ about twitter! From what I have heard, it is often asked “what is twitter” or “how does it work?” and my personal favorite “What are you doing?”
Those of us who use social networking as a marketing tool, this last question is often seen on sites like Facebook, or MySpace or Linked in. The fact of the matter is that people are interested in learning more about you – be that in your personal capacity or in your business capacity. That’s just human nature – we are a curious species.
So for me it makes perfect sense to use Twitter as a marketing tool. As individuals “follow me” on twitter, so they link into my website and my blogs. If they like what they read, chances are that they will start looking out for my daily link and many of them don’t even wait to do that, they signup on the website to get the blogs sent to them on a daily basis. How cool is that?
Now, I’m not saying that everyone who “follows me” will be interested in all of the articles that I write, but since (in my opinion) there is something for everyone, it stands to reason that as I link up to people who I follow and then they follow me – more and more traffic is driven to my website and we could all do with that, I am sure you will agree!
From a marketing point of view, those who “follow me” on twitter have found something in my articles that interest them – this of course means that they are my ‘target market’. Here’s another cool thing – not only are these individuals looking at my information, but I am also looking at their information. Not only am I making a difference in their lives, but they are also making a difference to and adding value to mine.
What an incredible way to collaborate! What an incredible way to interact with and meet new people!
Man, I love technology – yes, I know that I always say that I am a technophobe (but that is because I don’t understand the technical terminology) and that I don’t always understand it, but I do know, a little bit about what it does and I sure do love it!
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
By Nikki Viljoen – Viljoen Consulting CC June 2010
Everyone is ‘twittering’ about twitter! From what I have heard, it is often asked “what is twitter” or “how does it work?” and my personal favorite “What are you doing?”
Those of us who use social networking as a marketing tool, this last question is often seen on sites like Facebook, or MySpace or Linked in. The fact of the matter is that people are interested in learning more about you – be that in your personal capacity or in your business capacity. That’s just human nature – we are a curious species.
So for me it makes perfect sense to use Twitter as a marketing tool. As individuals “follow me” on twitter, so they link into my website and my blogs. If they like what they read, chances are that they will start looking out for my daily link and many of them don’t even wait to do that, they signup on the website to get the blogs sent to them on a daily basis. How cool is that?
Now, I’m not saying that everyone who “follows me” will be interested in all of the articles that I write, but since (in my opinion) there is something for everyone, it stands to reason that as I link up to people who I follow and then they follow me – more and more traffic is driven to my website and we could all do with that, I am sure you will agree!
From a marketing point of view, those who “follow me” on twitter have found something in my articles that interest them – this of course means that they are my ‘target market’. Here’s another cool thing – not only are these individuals looking at my information, but I am also looking at their information. Not only am I making a difference in their lives, but they are also making a difference to and adding value to mine.
What an incredible way to collaborate! What an incredible way to interact with and meet new people!
Man, I love technology – yes, I know that I always say that I am a technophobe (but that is because I don’t understand the technical terminology) and that I don’t always understand it, but I do know, a little bit about what it does and I sure do love it!
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
Monday, December 11, 2017
Motivation - Where we Stand
MOTIVATION – WHERE WE STAND
By Nikki Viljoen of N Viljoen Consulting CC
Today’s quote comes from Johann Wolfgan Von Goethe who said “The greatest thing in this world is not so much where we stand as in what direction we are moving.”
Well I don’t know about any of you, but I certainly would like to be moving in a forwardly direction!
On a personal level though, I think that we as individuals don’t take enough time and trouble to stop – turn around and see just how far we have come. I mean think about it for a moment, how on earth would be know if it is the greatest thing in the world or not, if we don’t even acknowledge that we are moving forward and not sideways or backwards, although I am sure we are very conscious of that fact when it occurs!
For me it is not just ‘moving’ forward and achieving that is important, but also acknowledging to myself that I am moving forward and that I am in fact achieving – otherwise what would be the point?
I know that I am certainly very guilty of this oversight. Once a year though, on New Years eve in fact, (I don’t celebrate New Year, in the traditional sense – but that is another story for another time), I discourage visitors and switch the phone off, light the fire – a huge big fire, open up a bottle of particularly good red wine and have a braai (or barbeque for those who are not “African”) for one.
Now I know that that may sound frightfully morbid or sad, but for me it is extremely self satisfying. You see, it is the time of the year that I take out the goals that I set for myself at the beginning of the year, I ‘tick off’ and acknowledge each one of the goals I have achieved that were on the list, and add all the goals that were not on the list but that I have achieved anyway - and the ones that I haven’t – well they couldn’t have been that important anyway (and if they were – then I add them onto the new list).
I think that we as individuals are so busy chasing after the goals that we have set and beating ourselves up about the ones that we did not achieve, that we forget about the ones that were not on the list, but that we have achieved anyway. Situations change, perceptions change, new opportunities present themselves and yet we somehow feel the need to rigidly stick to something that was written down on paper. Why? My answer to that is this, once I have ticked off all that I have achieved, added all the ones that weren’t there – I drink a toast (well several actually) to myself, pat myself on the back and burn the list with the goals on it! Why you may ask? Well it’s quite simple, I don’t want a constant reminder of what I did not get to, glaring at me all the time, so I erase it!
Then I make a new list for the new year – a clean slate with new exciting visions and attainable goals – well attainable as I write them down on New Years eve. But hey, guess what? Situations change, perceptions change and new opportunities present themselves, so nothing that I write down on my piece of paper is carved in stone and it’s not the end of the world if I don’t achieve them because, well, next New Year’s eve, they too will be celebrated and then burnt.
Do I ever have any regrets? Sure I do – one of them is that I only perform this ritual once a year. It doesn’t seem like it is often enough. Perhaps I will put it on my list this year, that I will perform this ritual twice a year! Yip, that’s what I will do and if I manage to achieve that, then I will drink a toast (or maybe several) and if I don’t – well, it’s not the end of the world – you see, I will have achieved other goals, I will have acknowledged that I am moving forward in the right direction, I will have recognized and done something with the new opportunities that presented themselves and I will have celebrated all of that.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.
By Nikki Viljoen of N Viljoen Consulting CC
Today’s quote comes from Johann Wolfgan Von Goethe who said “The greatest thing in this world is not so much where we stand as in what direction we are moving.”
Well I don’t know about any of you, but I certainly would like to be moving in a forwardly direction!
On a personal level though, I think that we as individuals don’t take enough time and trouble to stop – turn around and see just how far we have come. I mean think about it for a moment, how on earth would be know if it is the greatest thing in the world or not, if we don’t even acknowledge that we are moving forward and not sideways or backwards, although I am sure we are very conscious of that fact when it occurs!
For me it is not just ‘moving’ forward and achieving that is important, but also acknowledging to myself that I am moving forward and that I am in fact achieving – otherwise what would be the point?
I know that I am certainly very guilty of this oversight. Once a year though, on New Years eve in fact, (I don’t celebrate New Year, in the traditional sense – but that is another story for another time), I discourage visitors and switch the phone off, light the fire – a huge big fire, open up a bottle of particularly good red wine and have a braai (or barbeque for those who are not “African”) for one.
Now I know that that may sound frightfully morbid or sad, but for me it is extremely self satisfying. You see, it is the time of the year that I take out the goals that I set for myself at the beginning of the year, I ‘tick off’ and acknowledge each one of the goals I have achieved that were on the list, and add all the goals that were not on the list but that I have achieved anyway - and the ones that I haven’t – well they couldn’t have been that important anyway (and if they were – then I add them onto the new list).
I think that we as individuals are so busy chasing after the goals that we have set and beating ourselves up about the ones that we did not achieve, that we forget about the ones that were not on the list, but that we have achieved anyway. Situations change, perceptions change, new opportunities present themselves and yet we somehow feel the need to rigidly stick to something that was written down on paper. Why? My answer to that is this, once I have ticked off all that I have achieved, added all the ones that weren’t there – I drink a toast (well several actually) to myself, pat myself on the back and burn the list with the goals on it! Why you may ask? Well it’s quite simple, I don’t want a constant reminder of what I did not get to, glaring at me all the time, so I erase it!
Then I make a new list for the new year – a clean slate with new exciting visions and attainable goals – well attainable as I write them down on New Years eve. But hey, guess what? Situations change, perceptions change and new opportunities present themselves, so nothing that I write down on my piece of paper is carved in stone and it’s not the end of the world if I don’t achieve them because, well, next New Year’s eve, they too will be celebrated and then burnt.
Do I ever have any regrets? Sure I do – one of them is that I only perform this ritual once a year. It doesn’t seem like it is often enough. Perhaps I will put it on my list this year, that I will perform this ritual twice a year! Yip, that’s what I will do and if I manage to achieve that, then I will drink a toast (or maybe several) and if I don’t – well, it’s not the end of the world – you see, I will have achieved other goals, I will have acknowledged that I am moving forward in the right direction, I will have recognized and done something with the new opportunities that presented themselves and I will have celebrated all of that.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.
Friday, December 08, 2017
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.
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.
HR 101 - What to do When . . . Your Staff Want to Strike - Part 5
HR 101 - WHAT TO DO WHEN . . . . Your Staff Want to Strike – Part 5
By Nikki Viljoen – N Viljoen Consulting CC.
Please note that this pertains to South African Labour Relations and Best Practice requirements.
Replacement labour is the topic on the table today. Let’s have a look at the reality of a strike.
A strike can have devastating financial implications to a company. Look at the results of some of the strikes that took place over the last couple of years.
Think about Pick ‘n Pay – the last really bad one that I remember is when shoppers were confronted with “Toi Toi-ing” staff as they tried to enter the stores to do their shopping. I remember Jeremy Mansfield of Highveld Stereo trying to make light of the situation by saying something along the lines of “I have never felt so welcome in all of my life – there were what seemed like hundreds of people singing and dancing as they came towards me with arms open wide to greet me and welcome me into the store!” Ja Boet – and I also believe in Santa Claus and the tooth fairy! Jokes aside, many customers did not want to be personally ‘welcomed’ into the store and despite assurances that they would not be harmed in any way, they chose to shop elsewhere. I have no doubt that millions of Rands worth of turnover was lost by the company.
Now in this situation, Pick n’ Pay would have no alternative but to hire replacement labour if they wanted to have any kind of turnover at all and if they did not want to close their doors to the public.
It is a given however, that replacement staff, irrespective of whether they have been supplied by a labour broker or sourced by yourselves or even if you use your own staff from other areas, will invariably be subjected to intimidation and even physical and verbal abuse in some instances. So you need to ensure that they necessary precautionary steps are in place to ensure that your replacement labour is protected.
You can (and perhaps should) for example install some additional security surveillance such as CCTV type camera and video set ups or hire additional independent security. Whatever you do, inform the union of what you are doing or intend to do in order to re-enforce their responsibility to ensure that they control their members.
Be aware though, that all of these additional bits and pieces will have a financial implication too. Don’t for a minute think that a strike is not going to cost you and ultimately prevention is always better that cure (and often a lot cheaper in the long run).
Next week we will look at what a ‘lock out’ is and the benefits or implications of having one.
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
By Nikki Viljoen – N Viljoen Consulting CC.
Please note that this pertains to South African Labour Relations and Best Practice requirements.
Replacement labour is the topic on the table today. Let’s have a look at the reality of a strike.
A strike can have devastating financial implications to a company. Look at the results of some of the strikes that took place over the last couple of years.
Think about Pick ‘n Pay – the last really bad one that I remember is when shoppers were confronted with “Toi Toi-ing” staff as they tried to enter the stores to do their shopping. I remember Jeremy Mansfield of Highveld Stereo trying to make light of the situation by saying something along the lines of “I have never felt so welcome in all of my life – there were what seemed like hundreds of people singing and dancing as they came towards me with arms open wide to greet me and welcome me into the store!” Ja Boet – and I also believe in Santa Claus and the tooth fairy! Jokes aside, many customers did not want to be personally ‘welcomed’ into the store and despite assurances that they would not be harmed in any way, they chose to shop elsewhere. I have no doubt that millions of Rands worth of turnover was lost by the company.
Now in this situation, Pick n’ Pay would have no alternative but to hire replacement labour if they wanted to have any kind of turnover at all and if they did not want to close their doors to the public.
It is a given however, that replacement staff, irrespective of whether they have been supplied by a labour broker or sourced by yourselves or even if you use your own staff from other areas, will invariably be subjected to intimidation and even physical and verbal abuse in some instances. So you need to ensure that they necessary precautionary steps are in place to ensure that your replacement labour is protected.
You can (and perhaps should) for example install some additional security surveillance such as CCTV type camera and video set ups or hire additional independent security. Whatever you do, inform the union of what you are doing or intend to do in order to re-enforce their responsibility to ensure that they control their members.
Be aware though, that all of these additional bits and pieces will have a financial implication too. Don’t for a minute think that a strike is not going to cost you and ultimately prevention is always better that cure (and often a lot cheaper in the long run).
Next week we will look at what a ‘lock out’ is and the benefits or implications of having one.
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
Thursday, December 07, 2017
Sales 101 - What is Soft Selling
SALES 101 What is “Soft Selling”?
By Nikki Viljoen – Viljoen Consulting CC
I’ve been hearing the term ‘soft’ selling for some time now and to be quite honest, I had no clue as to what it meant. I mean, for me – selling is selling! Sure there are different ways to sell and some of them work for me and some of them don’t – much the same, I would imagine, as it is for you.
It stands to reason that if I don’t know what ‘soft’ selling is, there are others that also don’t know. So after a little research – this is what I found.
Apparently there are those amongst us who, when they are ‘soft’ selling properly, they don’t even know that they are selling – sounds really strange doesn’t it? I mean we all go out to sell and in the retail sector, in particular, everything is geared around getting the sale!
Here’s the thing though. There are instances, particularly in the consulting or coaching or advisory arena, when your clients don’t ‘feel’ like they are being sold to and you don’t feel like you are selling.
Actually, now that I think about it, this makes perfectly good sense. Think about it for a moment – when you are feeling like death warmed up and go off to the doctor, at no time do you see yourself as a client, a patient perhaps, but not a client. You see the doctor’s advice as something to be trusted and it has a win/win kind of feel about it – he makes you feel better and you pay him for doing that for you (although in all honesty I still feel like a client when I go and get the meds).
It appears that this can be done in any kind of business and it is all about the ‘mind-set’ of the individual who is actually doing the selling. The mindset is one of respect, service and ensuring that there is a ‘win/win’ situation. Actually, if I think about it a little more, this is when we build relationships with our clients. It’s like my favorite waiter at the Mugg & Bean (I can get quite irritated if he is not there) or the chap that the camera shop – I won’t buy anything unless he is there to explain stuff to me. The bottom line is that I trust them and they make me ‘feel’ special and they take care of me and they meet my needs.
Sure they still have to follow procedures and whatever the sales process is that their jobs require them to, but they do that quietly and without fuss and usually out of sight, but what they do is make the ‘experience’ for me, one that is pleasant.
So perhaps what we need to do is go back to the basics – the thing that made the ‘Mom and Pop’ corner shops such a success, the building of relationships with our clients. It must be like a second nature to them, to think of us whenever they need our product or our services.
Remember though, you still have to have your sales process in place and in order for you to be in control of your sales ‘efforts’ you still have to have to know who your target market is, you still have to have your business proposition in place and you still have to have your sales strategy and sales processes in place.
That said though, I really like the sound of a ‘soft’ sale – it sounds a lot less stressful than a ‘hard’ sale or even a normal one.
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
By Nikki Viljoen – Viljoen Consulting CC
I’ve been hearing the term ‘soft’ selling for some time now and to be quite honest, I had no clue as to what it meant. I mean, for me – selling is selling! Sure there are different ways to sell and some of them work for me and some of them don’t – much the same, I would imagine, as it is for you.
It stands to reason that if I don’t know what ‘soft’ selling is, there are others that also don’t know. So after a little research – this is what I found.
Apparently there are those amongst us who, when they are ‘soft’ selling properly, they don’t even know that they are selling – sounds really strange doesn’t it? I mean we all go out to sell and in the retail sector, in particular, everything is geared around getting the sale!
Here’s the thing though. There are instances, particularly in the consulting or coaching or advisory arena, when your clients don’t ‘feel’ like they are being sold to and you don’t feel like you are selling.
Actually, now that I think about it, this makes perfectly good sense. Think about it for a moment – when you are feeling like death warmed up and go off to the doctor, at no time do you see yourself as a client, a patient perhaps, but not a client. You see the doctor’s advice as something to be trusted and it has a win/win kind of feel about it – he makes you feel better and you pay him for doing that for you (although in all honesty I still feel like a client when I go and get the meds).
It appears that this can be done in any kind of business and it is all about the ‘mind-set’ of the individual who is actually doing the selling. The mindset is one of respect, service and ensuring that there is a ‘win/win’ situation. Actually, if I think about it a little more, this is when we build relationships with our clients. It’s like my favorite waiter at the Mugg & Bean (I can get quite irritated if he is not there) or the chap that the camera shop – I won’t buy anything unless he is there to explain stuff to me. The bottom line is that I trust them and they make me ‘feel’ special and they take care of me and they meet my needs.
Sure they still have to follow procedures and whatever the sales process is that their jobs require them to, but they do that quietly and without fuss and usually out of sight, but what they do is make the ‘experience’ for me, one that is pleasant.
So perhaps what we need to do is go back to the basics – the thing that made the ‘Mom and Pop’ corner shops such a success, the building of relationships with our clients. It must be like a second nature to them, to think of us whenever they need our product or our services.
Remember though, you still have to have your sales process in place and in order for you to be in control of your sales ‘efforts’ you still have to have to know who your target market is, you still have to have your business proposition in place and you still have to have your sales strategy and sales processes in place.
That said though, I really like the sound of a ‘soft’ sale – it sounds a lot less stressful than a ‘hard’ sale or even a normal one.
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
Wednesday, December 06, 2017
Networking 101 - Find what is Unique to You
Networking 101 - Find what is unique to you
By Nikki Viljoen of N Viljoen Consulting CC
Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:
“Brand your uniqueness: Remember; 45% of what you do, others do better than you, 45% of what you do, others do as well as you, 10% of what you do is unique to you. Focus on the 10% that is unique to you!”
Oh man is Renate ever spot on the money with this one! So many times I have been in a networking environment where there have been in excess of 100 people and they all look just the same and many of them are in exactly the same field doing pretty much the same thing. I have looked around in absolute confusion (I have never been very good and names or faces for that matter), then when I get to the point that I follow up and meet with them, I just make sure that I am at the meeting well in advance and hope to hell that they recognise me! Not ideal I know, but it works for me!
Remember the 70’s (for those of you who are old enough to do so), I mean there was such an explosion of new acts and new musicians entering the arena that they only way that they could actually be remembered (or even make any kind of splash for that matter) was to dress up – David Bowie with his unique hairstyle and his infamous ‘Bowie Dot’ in the middle of his forehead, or what about Leo Sayer who used to dress up as a clown and don’t forget Alice Cooper (it wasn’t enough that he had a girl’s name) and his band Kiss who had the most bizarre images painted in black and white on their faces and used to bite the heads off live chickens on stage (talk about making an entrance!) and smash their guitars into a million pieces, all on stage!
Don’t get me wrong, I am not advocating for one minute that you purchase your local Fancy Dress store, in order to have a sufficient number of costumes on hand.
What I am saying is that branding is a must! You have to show people that unique side of you – and we all have it and we need to flaunt it.
I for example, am a t-shirt and jeans kind of girl. I don’t look like a typical auditor and I really don’t think like a typical auditor (I could think of nothing more boring – urgh!), that is part of who I am and that is something that sticks in the minds of many of the people who meet me at networking events. Now I am not suggesting that you all rush out and buy up all the jeans and t-shirts in the city – don’t do that! What I am saying, is that often who you are as a person, is what is most unique about you – so don’t try and re-invent the wheel.
Be yourself, work on who you are and what you value most about yourself – expand on that, and you will probably find that that, is your most powerful and yet most inexpensive tool that you have. With very little effort and a great deal of value, you will have branded your most unique self.
For more information on Renate, please visit her website at http://www.drrenatevolpe.co.za
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
By Nikki Viljoen of N Viljoen Consulting CC
Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:
“Brand your uniqueness: Remember; 45% of what you do, others do better than you, 45% of what you do, others do as well as you, 10% of what you do is unique to you. Focus on the 10% that is unique to you!”
Oh man is Renate ever spot on the money with this one! So many times I have been in a networking environment where there have been in excess of 100 people and they all look just the same and many of them are in exactly the same field doing pretty much the same thing. I have looked around in absolute confusion (I have never been very good and names or faces for that matter), then when I get to the point that I follow up and meet with them, I just make sure that I am at the meeting well in advance and hope to hell that they recognise me! Not ideal I know, but it works for me!
Remember the 70’s (for those of you who are old enough to do so), I mean there was such an explosion of new acts and new musicians entering the arena that they only way that they could actually be remembered (or even make any kind of splash for that matter) was to dress up – David Bowie with his unique hairstyle and his infamous ‘Bowie Dot’ in the middle of his forehead, or what about Leo Sayer who used to dress up as a clown and don’t forget Alice Cooper (it wasn’t enough that he had a girl’s name) and his band Kiss who had the most bizarre images painted in black and white on their faces and used to bite the heads off live chickens on stage (talk about making an entrance!) and smash their guitars into a million pieces, all on stage!
Don’t get me wrong, I am not advocating for one minute that you purchase your local Fancy Dress store, in order to have a sufficient number of costumes on hand.
What I am saying is that branding is a must! You have to show people that unique side of you – and we all have it and we need to flaunt it.
I for example, am a t-shirt and jeans kind of girl. I don’t look like a typical auditor and I really don’t think like a typical auditor (I could think of nothing more boring – urgh!), that is part of who I am and that is something that sticks in the minds of many of the people who meet me at networking events. Now I am not suggesting that you all rush out and buy up all the jeans and t-shirts in the city – don’t do that! What I am saying, is that often who you are as a person, is what is most unique about you – so don’t try and re-invent the wheel.
Be yourself, work on who you are and what you value most about yourself – expand on that, and you will probably find that that, is your most powerful and yet most inexpensive tool that you have. With very little effort and a great deal of value, you will have branded your most unique self.
For more information on Renate, please visit her website at http://www.drrenatevolpe.co.za
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
Monday, December 04, 2017
Business Tips - Why Twitter - Part 1
BUSINESS TIPS – Why Twitter – Part 1
By Nikki Viljoen – Viljoen Consulting CC
For the last couple of years now, I have been listening to all the hype about “Twitter” and “Tweeting” and “Tweets” and “Twits” so on. Actually, now that I think about it, my technophobia aside – I really do love technology, I love the world that it opens up to me. The fact that I am not sure how the technical side of things work doesn’t really phase me at all. I do know that “Twitter” is another form of international communication and what I really love about it is that it allows me to put a one-liner up which will drive a considerable number of people to my website.
For example, on a daily basis I tweet – Today’s blog (and then the title of the blog), add the URL address of my website and that’s it. Looking at the statistics afterwards shows me exactly how many people come to visit my website and they usually stay for a while and look around. How do I know this? Well the stats show that the average time anyone spends on my website is in excess of 5 minutes. See, my website is very content rich with loads of information that pertains mostly to SMME’s (small, medium, micro enterprise), Entrepreneurs and start ups but actually in general to everyone. The information is presented in bite sized chunks, with my own brand of humour and I know that many have not only learnt something but have also enjoyed a chuckle whilst doing so – and that’s always a bonus.
I also know that when I started the whole ‘twitter’ scenario, I was addicted. I couldn’t get enough of the site. I found myself standing in a queue and instead of reading my book (which is what I used to do), I would be logging onto the site via my phone to see ‘who had posted what tweets’ – it was an exciting time of information overload. Back at the office, I found myself logging onto the site at every opportunity and found myself going from one site to the other as I devoured all the information that others had so thoughtfully found and shared with me.
Reality hit me really hard one day, when I got up and it was still dark outside. I did the daily things that are routine to me and immediately logged onto the site. During the course of the day, I felt hungry and thirsty but every time I wanted to get up and get something to eat or drink, I found myself caught up in whatever it was that I was reading and thought ‘as soon as I finish this article I will go and get (insert food or drink here)’. Of course I got so involved that getting something to eat or drink just never happened. After what seemed like a couple of hours, not long at all, I suddenly realized that it had gone very dark and I thought it must be because there was going to be a Highveld storm. One of those that we are famous for – you know when suddenly the thick black clouds come over and then the rain comes down in sheets for about 10 minutes and then the sun comes out to play again? Sadly it wasn’t! What it was, was the onset of night – in fact it was after 7pm. I had sat in front of my computer playing on twitter and going from site to side from around 5.30am to after 7pm without eating or drinking anything. Needless to say, no work had been done for the day either and I gave myself a helleva fright.
The solution to the problem of course was clear, I went out and bought myself one of those oven timer clocks and limited my use of twitter to 15 minutes a day. When the clock alarm goes off, it doesn’t matter where I am and what I am reading, I have to close the site down! Addictive it is and I am not the only one to say this either!
Over the next couple of weeks, I will be sharing some of the things that you can do with Twitter – I hope you will stick around and enjoy the journey with me.
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
By Nikki Viljoen – Viljoen Consulting CC
For the last couple of years now, I have been listening to all the hype about “Twitter” and “Tweeting” and “Tweets” and “Twits” so on. Actually, now that I think about it, my technophobia aside – I really do love technology, I love the world that it opens up to me. The fact that I am not sure how the technical side of things work doesn’t really phase me at all. I do know that “Twitter” is another form of international communication and what I really love about it is that it allows me to put a one-liner up which will drive a considerable number of people to my website.
For example, on a daily basis I tweet – Today’s blog (and then the title of the blog), add the URL address of my website and that’s it. Looking at the statistics afterwards shows me exactly how many people come to visit my website and they usually stay for a while and look around. How do I know this? Well the stats show that the average time anyone spends on my website is in excess of 5 minutes. See, my website is very content rich with loads of information that pertains mostly to SMME’s (small, medium, micro enterprise), Entrepreneurs and start ups but actually in general to everyone. The information is presented in bite sized chunks, with my own brand of humour and I know that many have not only learnt something but have also enjoyed a chuckle whilst doing so – and that’s always a bonus.
I also know that when I started the whole ‘twitter’ scenario, I was addicted. I couldn’t get enough of the site. I found myself standing in a queue and instead of reading my book (which is what I used to do), I would be logging onto the site via my phone to see ‘who had posted what tweets’ – it was an exciting time of information overload. Back at the office, I found myself logging onto the site at every opportunity and found myself going from one site to the other as I devoured all the information that others had so thoughtfully found and shared with me.
Reality hit me really hard one day, when I got up and it was still dark outside. I did the daily things that are routine to me and immediately logged onto the site. During the course of the day, I felt hungry and thirsty but every time I wanted to get up and get something to eat or drink, I found myself caught up in whatever it was that I was reading and thought ‘as soon as I finish this article I will go and get (insert food or drink here)’. Of course I got so involved that getting something to eat or drink just never happened. After what seemed like a couple of hours, not long at all, I suddenly realized that it had gone very dark and I thought it must be because there was going to be a Highveld storm. One of those that we are famous for – you know when suddenly the thick black clouds come over and then the rain comes down in sheets for about 10 minutes and then the sun comes out to play again? Sadly it wasn’t! What it was, was the onset of night – in fact it was after 7pm. I had sat in front of my computer playing on twitter and going from site to side from around 5.30am to after 7pm without eating or drinking anything. Needless to say, no work had been done for the day either and I gave myself a helleva fright.
The solution to the problem of course was clear, I went out and bought myself one of those oven timer clocks and limited my use of twitter to 15 minutes a day. When the clock alarm goes off, it doesn’t matter where I am and what I am reading, I have to close the site down! Addictive it is and I am not the only one to say this either!
Over the next couple of weeks, I will be sharing some of the things that you can do with Twitter – I hope you will stick around and enjoy the journey with me.
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
Friday, December 01, 2017
HR 101 - What to do When . . . Your Staff Want to Strike - Part 4
HR 101- WHAT TO DO WHEN . . . . Your Staff Want to Strike – Part 4
By Nikki Viljoen – N Viljoen Consulting CC.
Please note that this pertains to South African Labour Relations and Best Practice.
This week we will look at some tips on ‘how to’ control a strike action.
Often what happens within an organization is that the union has given notice of intention to strike to Management, the employees then go on a mission to increase their numbers and support. They do this by asking non-union member to join them in the strike. This usually becomes intimidation and as we have all often seen in the past this can lead to violence.
Make sure that the unions are advised, as soon as the notice of intention to strike has been given, that they are obliged to ensure that all non-union members are not intimidated in any way. Advise them that it is their responsibility to ensure that they control their members.
Put a notice on notice boards and/or send out an e-mail or a memo to all the staff stating that you have a ‘zero tolerance’ policy in terms of intimidation. Make sure that they understand that any employee who intimidates another employee will be requested to attend a disciplinary hearing and that if they are found guilty of intimidation, they may be dismissed.
Be aware that proving intimidation is very difficult as the only witness that you may have is the person who was actually intimidated and they often don’t want to give evidence at a disciplinary as this may result in further reprisals against them.
Misconduct, in the form of violence and verbal abuse, should also not be tolerated at all, during a strike. Again all employees and the union should be notified in writing, that under no circumstances with misconduct in the form of violence, verbal abuse or destruction of property will not be tolerated and anyone found in the Act of Misconduct will face disciplinary procedures and those found guilty may dismissed. It’s also a good idea to make sure that the union understand that any losses incurred as a direct result of misconduct, will be for their account and that the union will be held liable. Ensure that the union officials understand that any form of misconduct or intimidation will result in the Company approaching the Labour Court for an urgent interdict.
If possible get a written undertaking from the union acknowledging that they have a duty to control their members during a strike.
If any acts of misconduct or intimidation occur during the strike, make sure that disciplinary hearings are undertaken after the strike is over. It is of the utmost importance that you do this in order to set a precedent, irrespective of whether the strike had the desired effect or not. This re-iterates your stand on misconduct and intimidation and sends a clear message that you have ‘zero’ tolerance in terms of intimidation or misconduct.
As usual, prevention is better than cure and so it is a good idea to ensure that you have all of these policies in place before you are in a ‘strike’ type situation. Put your rules in place, or negotiate your rules with the union about strike related conduct before you are in any kind of dispute and when you are more likely to get a reasonable resolution in place. Obviously, if there is a pre-agreement in place and this is breached in any way, you have to take action – but having a pre-agreement in place means that you are in a much stronger position to do so.
Next week we will look at replacement labour.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za
By Nikki Viljoen – N Viljoen Consulting CC.
Please note that this pertains to South African Labour Relations and Best Practice.
This week we will look at some tips on ‘how to’ control a strike action.
Often what happens within an organization is that the union has given notice of intention to strike to Management, the employees then go on a mission to increase their numbers and support. They do this by asking non-union member to join them in the strike. This usually becomes intimidation and as we have all often seen in the past this can lead to violence.
Make sure that the unions are advised, as soon as the notice of intention to strike has been given, that they are obliged to ensure that all non-union members are not intimidated in any way. Advise them that it is their responsibility to ensure that they control their members.
Put a notice on notice boards and/or send out an e-mail or a memo to all the staff stating that you have a ‘zero tolerance’ policy in terms of intimidation. Make sure that they understand that any employee who intimidates another employee will be requested to attend a disciplinary hearing and that if they are found guilty of intimidation, they may be dismissed.
Be aware that proving intimidation is very difficult as the only witness that you may have is the person who was actually intimidated and they often don’t want to give evidence at a disciplinary as this may result in further reprisals against them.
Misconduct, in the form of violence and verbal abuse, should also not be tolerated at all, during a strike. Again all employees and the union should be notified in writing, that under no circumstances with misconduct in the form of violence, verbal abuse or destruction of property will not be tolerated and anyone found in the Act of Misconduct will face disciplinary procedures and those found guilty may dismissed. It’s also a good idea to make sure that the union understand that any losses incurred as a direct result of misconduct, will be for their account and that the union will be held liable. Ensure that the union officials understand that any form of misconduct or intimidation will result in the Company approaching the Labour Court for an urgent interdict.
If possible get a written undertaking from the union acknowledging that they have a duty to control their members during a strike.
If any acts of misconduct or intimidation occur during the strike, make sure that disciplinary hearings are undertaken after the strike is over. It is of the utmost importance that you do this in order to set a precedent, irrespective of whether the strike had the desired effect or not. This re-iterates your stand on misconduct and intimidation and sends a clear message that you have ‘zero’ tolerance in terms of intimidation or misconduct.
As usual, prevention is better than cure and so it is a good idea to ensure that you have all of these policies in place before you are in a ‘strike’ type situation. Put your rules in place, or negotiate your rules with the union about strike related conduct before you are in any kind of dispute and when you are more likely to get a reasonable resolution in place. Obviously, if there is a pre-agreement in place and this is breached in any way, you have to take action – but having a pre-agreement in place means that you are in a much stronger position to do so.
Next week we will look at replacement labour.
Nikki is an Internal Auditor and Business Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za
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