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Friday, March 29, 2019
Thursday, March 28, 2019
CPA – Consumer Complaint Procedure – Part 1
CPA – Consumer Complaint Procedure – Part 1
By Nikki Viljoen – Viljoen Consulting (Pty) Ltd
Please note that this pertains to South African Legislation.
Much has been written and said about the new CPA (Consumer Protection Act) that was recently introduced to South Africa. Many have seen it in a positive light (and I am included in these), but many have seen it in a negative light. Regardless of how you choose to see it, the very real and harsh reality of the matter is that it will affect you and have impact on your life, one way or another.
Let’s face it, we have all, at one time or another had a bad shopping experience and have felt frustrated and abused or even bullied by a supplier – I know I have, but now you can actually do something about it.
Let’s go through the process together.
Firstly there are three different types of solutions to your consumer complaint. They are:-
Class Actions;
Damages; and
Discriminations (remember though that discrimination complaints can be brought to, both the Equality Court or the National Consumer Commission, who will in turn refer it to the Equality Court).
Now, let’s go through the process one step at a time.
The first thing that you need to do if you have a complaint about a product or service is to approach the service provider. Obviously if you can resolve the problem at this level, between the two of you, this would be first prize. Remember to document everything as this will obviously assist.
There are of course, some suppliers who will not be willing to play their part in the dispute negotiation and so at this point, you would need to refer the matter to the DRA (Dispute Resolution Agent), who will attempt to resolve the matter in a fair and impartial manner, through an ADR (Alternative Dispute Resolution) process. Remember, the more information that you give them, particularly documented, the easier it will be for them to prove or disprove the situation.
From there, so called ‘minor matters’ will go to a provincial office, where the dispute will be forwarded onto the Provincial Consumer Courts.
At this point, it will become the responsibility of the Commissioner or the Tribunal to resolve the matter.
At this level, each complaint will be thoroughly investigated by the National Consumer Commission, who will in turn refer cases to the Consumer Tribunal.
The buck stops with the Consumer Tribunal who have the authority to decide whether the Consumer Act has been contravened or not. They can and will, order changes in the practice of ‘how things happen’ in the supplier’s business or they could also make the supplier pay a fine or even implement a process in the supplier’s business to ensure that things happen differently next time.
As you can see, this is quite an onerous, complex process – so don’t be thinking that it will take all of five minutes.
The bottom line of course is that finally we, as consumers have a voice that we can make heard. Conversely, if we are service providers who don’t do things properly, our clients too, have a voice that can now be heard.
As usual though it is a process that has to be followed correctly, so again, please understand that it will not happen overnight and if you are a ‘knee jerk’ type of individual like I am, you will have to wait patiently while the wheels of justice turn.
You also have to understand that the CPA is not something that is unique to South Africa, it has been introduced in several countries across the globe, so it’s not the S A Government out to get you.
Next time we will continue with the process.
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 (Pty) Ltd
Please note that this pertains to South African Legislation.
Much has been written and said about the new CPA (Consumer Protection Act) that was recently introduced to South Africa. Many have seen it in a positive light (and I am included in these), but many have seen it in a negative light. Regardless of how you choose to see it, the very real and harsh reality of the matter is that it will affect you and have impact on your life, one way or another.
Let’s face it, we have all, at one time or another had a bad shopping experience and have felt frustrated and abused or even bullied by a supplier – I know I have, but now you can actually do something about it.
Let’s go through the process together.
Firstly there are three different types of solutions to your consumer complaint. They are:-
Class Actions;
Damages; and
Discriminations (remember though that discrimination complaints can be brought to, both the Equality Court or the National Consumer Commission, who will in turn refer it to the Equality Court).
Now, let’s go through the process one step at a time.
The first thing that you need to do if you have a complaint about a product or service is to approach the service provider. Obviously if you can resolve the problem at this level, between the two of you, this would be first prize. Remember to document everything as this will obviously assist.
There are of course, some suppliers who will not be willing to play their part in the dispute negotiation and so at this point, you would need to refer the matter to the DRA (Dispute Resolution Agent), who will attempt to resolve the matter in a fair and impartial manner, through an ADR (Alternative Dispute Resolution) process. Remember, the more information that you give them, particularly documented, the easier it will be for them to prove or disprove the situation.
From there, so called ‘minor matters’ will go to a provincial office, where the dispute will be forwarded onto the Provincial Consumer Courts.
At this point, it will become the responsibility of the Commissioner or the Tribunal to resolve the matter.
At this level, each complaint will be thoroughly investigated by the National Consumer Commission, who will in turn refer cases to the Consumer Tribunal.
The buck stops with the Consumer Tribunal who have the authority to decide whether the Consumer Act has been contravened or not. They can and will, order changes in the practice of ‘how things happen’ in the supplier’s business or they could also make the supplier pay a fine or even implement a process in the supplier’s business to ensure that things happen differently next time.
As you can see, this is quite an onerous, complex process – so don’t be thinking that it will take all of five minutes.
The bottom line of course is that finally we, as consumers have a voice that we can make heard. Conversely, if we are service providers who don’t do things properly, our clients too, have a voice that can now be heard.
As usual though it is a process that has to be followed correctly, so again, please understand that it will not happen overnight and if you are a ‘knee jerk’ type of individual like I am, you will have to wait patiently while the wheels of justice turn.
You also have to understand that the CPA is not something that is unique to South Africa, it has been introduced in several countries across the globe, so it’s not the S A Government out to get you.
Next time we will continue with the process.
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, March 27, 2019
Networking 101 Be Inclusive & Collaborative
Networking 101 Be Inclusive & Collaborative
By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd
Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:
“Be inclusive and collaborative”.
Over the holiday period, I did not travel anywhere, or take a significant break. That said, I spent my time – quietly at home, examining what I had done in 2008 and what needed to be done in 2009. With the economy (supposedly) in a mess and the credit crunch (supposedly) really hurting everyone concerned (as you can see I didn’t really buy into either – but the rest of the world did, so I had to adjust the way I responded to them accordingly), I realized that I had to do things completely differently for 2009.
At the recent launch of the Soweto 5 year project that I attended at the Ubuntu Kraal in Soweto, the speaker Parks Tau, who is the Financial Director of the Economic Development of the City of Johannesburg, kept referring to the fact that there has to be a collaboration between Government, the Private Sector and the people of Soweto, in order for the roll out of this initiative to actually work. As I listened to him speak, several of the people there kept saying “We are tired of the talk shows, now we want things to happen.” Parks kept on patiently explaining that that is one of the reasons that there had to be the collaboration.
Several times since then, I have been in a networking environment, where the people have used words like ‘Joint Venture’ and ‘Strategic Alliance’ and even ‘Partnerships’ and my brain just kept going back to the word “Collaboration”.
My 2009 had really started with a bang! Work is pouring in from all kinds of different avenues, clients that were dormant, new clients, referrals and the like from friends and colleagues from all over the country. Here’s the thing though – the majority of opportunities that are coming my way are of a collaborative nature! Particularly for my Workshop “A Basic Practical Guide to Starting a Business.” You see many of the Skills Development companies and NGO’s such as Business Engage, British Chamber of Business and so on were needing to train everyday people who wanted to start their own businesses in the basic aspects of running a sustainable business. They not only needed me to facilitate the training of my workshop, but they also needed access to my extensive data base that is packed full of people – not only people who can facilitate training of a whole plethora of different Skills Development topics but also people who may also need to be trained on those particular skills.
So guess who was getting the old Memorandum of Understanding out, dusting it off and Collaborating like there is no tomorrow?
Me of course! Guess what? So can you – Collaborate with me, or with others – just get out there and do it now!
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 (Pty) Ltd
Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:
“Be inclusive and collaborative”.
Over the holiday period, I did not travel anywhere, or take a significant break. That said, I spent my time – quietly at home, examining what I had done in 2008 and what needed to be done in 2009. With the economy (supposedly) in a mess and the credit crunch (supposedly) really hurting everyone concerned (as you can see I didn’t really buy into either – but the rest of the world did, so I had to adjust the way I responded to them accordingly), I realized that I had to do things completely differently for 2009.
At the recent launch of the Soweto 5 year project that I attended at the Ubuntu Kraal in Soweto, the speaker Parks Tau, who is the Financial Director of the Economic Development of the City of Johannesburg, kept referring to the fact that there has to be a collaboration between Government, the Private Sector and the people of Soweto, in order for the roll out of this initiative to actually work. As I listened to him speak, several of the people there kept saying “We are tired of the talk shows, now we want things to happen.” Parks kept on patiently explaining that that is one of the reasons that there had to be the collaboration.
Several times since then, I have been in a networking environment, where the people have used words like ‘Joint Venture’ and ‘Strategic Alliance’ and even ‘Partnerships’ and my brain just kept going back to the word “Collaboration”.
My 2009 had really started with a bang! Work is pouring in from all kinds of different avenues, clients that were dormant, new clients, referrals and the like from friends and colleagues from all over the country. Here’s the thing though – the majority of opportunities that are coming my way are of a collaborative nature! Particularly for my Workshop “A Basic Practical Guide to Starting a Business.” You see many of the Skills Development companies and NGO’s such as Business Engage, British Chamber of Business and so on were needing to train everyday people who wanted to start their own businesses in the basic aspects of running a sustainable business. They not only needed me to facilitate the training of my workshop, but they also needed access to my extensive data base that is packed full of people – not only people who can facilitate training of a whole plethora of different Skills Development topics but also people who may also need to be trained on those particular skills.
So guess who was getting the old Memorandum of Understanding out, dusting it off and Collaborating like there is no tomorrow?
Me of course! Guess what? So can you – Collaborate with me, or with others – just get out there and do it now!
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
Tuesday, March 26, 2019
Business Tips – Customers, Our Invited Guests
Business Tips – Customers, Our Invited Guests
By Nikki Viljoen – Viljoen Consulting (Pty) Ltd
Jeff Bezos says “We see our customers as invited guests to a party, and we are the hosts. It’s our job every day to make every important aspect of the customer experience a little bit better.”
Actually, if the truth be told, I really don’t think that we see our customers as anything like invited guests. Certainly not the way that I have been treated lately (although in all fairness I have to be the world’s worst customer).
I think we have panic attacks when we perceive that there is a lack of clients, but the minute we have them they become an irritation and I know I feel that some of my services providers feel that they are doing me a favour just to give me any type of service. In fact in the last couple of days, I have stated on several occasions that if I were to treat my clients the way that I was being treated there would be no clients!
Think about it for a moment – when you invite guests into your home, there are those that you feel comfortable around, that you have perhaps had as friends for many years. These guests have a great deal more freedom than say new guests. They are encouraged to make themselves at home, they potter around your home, perhaps follow you into the kitchen and help with the cooking or keep you company whilst you cook. The conversation may become playful and the feeling is one of easy wellbeing. So too should it be with your customers that have been with you for some time. Relationships have been built and the feeling is one of mutual respect and well being. Still, even these guests you would not expect to wash the dishes (even if they offered – they are guests after all, not family or extended family or even good friends). You would not go to bed and leave them wandering around your home unattended.
What about your new clients or guests that you have only just met? Whilst you are not strictly formal with them, the atmosphere is still a lot more formal than with your guests that you have known for some time. I mean, I am sure that you would not let them get their own drinks, you would serve them. They would not be in the kitchen with you as you cooked or prepared the meal and they certainly would not be encouraged to wonder around your home on their own. Yes you would try and make them feel comfortable but there would be limits. Isn’t that exactly the way that it is with your new clients – are you not a whole lot more wary around them, trying to put your best foot forward, trying to give them exactly what it is that they ask for?
Actually, perhaps the question should be, isn’t that the way that it is supposed to be happening, rather than the constant irritation that I have been experiencing of late. The sullen faces, the less than interested attitude and the glances and sighs that make me feel that they are actually doing me a huge big favour and I had better just accept what it is that they give me and I had better not say anything about the manner in which I have been treated or that they have given me inferior service and useless product.
Perhaps it is time that we have another look at who and what our customers are and why they are in our lives. Perhaps if we treat them a little better, they will stick around a little longer and buy some more product or give us some more work.
Perhaps . . . .
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, March 25, 2019
Inspiration - A Life Worth Remembering
Inspiration – A Life Worth Remembering
By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd
I’m an avid 94.7 Highveld radio listener and even (and perhaps more so at this time of the year) as the question is asked by the DJ’s, I am conscious of my own decision to ‘make a difference’. Before I go any further, let me tell you the question that all of the DJ’s are asking – it is “Are you making a difference?”
Augustine of Hippo said “The key to immortality is first living a life worth remembering”.
Think about it for a moment – why are we actually on this planet? The truth of the matter is that we are born, we pay taxes (well some of us do) and then we die and there is nothing that we can take out of this world except for the name that we have made for ourselves. The name that we take out of this world is determined by the manner in which we have lived our lives, what we have achieved and the difference we have made (good or bad).
Sadly millions of people have passed into obscurity, never to be remembered or even thought of. People who lived mundane lives, never adding anything of value to the world that they came into.
For me, I guess, it is about striving to leave my little corner of the world a little bit better than it was when I arrived in it.
Have I achieved this – I suppose I have to a certain extent. Will I ever achieve it to the extent of my potential? Who knows – I certainly will give it my best shot though!
What I do know for sure though, is that life would be pretty meaningless for me, if I did not continue to try. If I just stopped giving back and just took what I could get. Just the thought of a life like that makes me realize that I would have lost my purpose and that for me, a life without purpose would be a life without meaning.
So I try and live each day to the full. I try and make a difference to ensure that my world, such as it is, is a little better or even just a little different to the day before. As I look around me in wonder at all the beauty that still does exist in the world today, I know that I am not alone in my quest.
I know that I will be remembered – the question of course now, is will 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 of N Viljoen Consulting (Pty) Ltd
I’m an avid 94.7 Highveld radio listener and even (and perhaps more so at this time of the year) as the question is asked by the DJ’s, I am conscious of my own decision to ‘make a difference’. Before I go any further, let me tell you the question that all of the DJ’s are asking – it is “Are you making a difference?”
Augustine of Hippo said “The key to immortality is first living a life worth remembering”.
Think about it for a moment – why are we actually on this planet? The truth of the matter is that we are born, we pay taxes (well some of us do) and then we die and there is nothing that we can take out of this world except for the name that we have made for ourselves. The name that we take out of this world is determined by the manner in which we have lived our lives, what we have achieved and the difference we have made (good or bad).
Sadly millions of people have passed into obscurity, never to be remembered or even thought of. People who lived mundane lives, never adding anything of value to the world that they came into.
For me, I guess, it is about striving to leave my little corner of the world a little bit better than it was when I arrived in it.
Have I achieved this – I suppose I have to a certain extent. Will I ever achieve it to the extent of my potential? Who knows – I certainly will give it my best shot though!
What I do know for sure though, is that life would be pretty meaningless for me, if I did not continue to try. If I just stopped giving back and just took what I could get. Just the thought of a life like that makes me realize that I would have lost my purpose and that for me, a life without purpose would be a life without meaning.
So I try and live each day to the full. I try and make a difference to ensure that my world, such as it is, is a little better or even just a little different to the day before. As I look around me in wonder at all the beauty that still does exist in the world today, I know that I am not alone in my quest.
I know that I will be remembered – the question of course now, is will 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
Friday, March 22, 2019
HR 101 - Labour Broker Employees – Part 2
HR 101 - Labour Broker Employees – Part 2
By Nikki Viljoen of Viljoen Consulting (Pty) Ltd - January 2010
Please note that this pertains to South African Labour Relations and Best Practice requirements.
Following on from last time, this time we will look at some of the other requirements pertaining to Labour Brokers, particularly with regards to the payment of PAYE/UIF/SDL payments.
Who is responsible for paying the PAYE/UIF/SDL. In 1990 the definition of an employee for the purpose of PAYE was extended to a “Labour Broker”. “A Labour Broker is defined as any person who carries on the business of providing the client with other persons to render services or perform work for such client for reward.” An additional requirement was put into place however and that was that the Labour Broker had to apply for and be in possession of a valid ‘exemption certificate’. So what does this mean?
Well essentially it means that like any person who is self employed, if more than 80% of the income of the Labour Broker is received directly or indirectly from one client, then the PAYE/UIF/SDL needs to be paid by the client.
So the reality of this is that Labour Brokers, who have one big client will not be issued with an exemption certificate and the client will have to deduct the statutory requirements and pay them over to SARS pretty much the same as if they were employing the staff.
Changes in the tax rates to Companies also make a significant difference to whether a company uses Labour Brokers and the Minister has now suggested and proposed the introduction of new measures. These measures include (but are not limited to), to discourage companies from providing services to a client, that converts income that would normally have been taxed as employment income into company income, as this is taxed at a lower rate.
The Minister has suggested that the term ‘employment company’ be used rather than ‘labour broker’, during the classification process. This then means that:
a. The income from services rendered by ‘employment companies’ will be subjected to employees’ tax. At this point (when the article I have used was written), the rate was not specified.
b. The allowable deductions of an employment company would be limited to the monies paid to shareholders and/or members and/or other employees of the company.
c. The income of an employment company would be taxed at a rate of 35% and any dividends declared by the company would be subject to STC which would result the actual tax rate being 42.22%
Note: These tax rates, in all probability may have changed – please check with a SARS office to ascertain what the correct rate is for the current year, as this legislation came into effect from 1 August 2000.
Next time we will have a look at some of the other requirements for Labour Brokers particularly with respect to the CCMA requirements.
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 Viljoen Consulting (Pty) Ltd - January 2010
Please note that this pertains to South African Labour Relations and Best Practice requirements.
Following on from last time, this time we will look at some of the other requirements pertaining to Labour Brokers, particularly with regards to the payment of PAYE/UIF/SDL payments.
Who is responsible for paying the PAYE/UIF/SDL. In 1990 the definition of an employee for the purpose of PAYE was extended to a “Labour Broker”. “A Labour Broker is defined as any person who carries on the business of providing the client with other persons to render services or perform work for such client for reward.” An additional requirement was put into place however and that was that the Labour Broker had to apply for and be in possession of a valid ‘exemption certificate’. So what does this mean?
Well essentially it means that like any person who is self employed, if more than 80% of the income of the Labour Broker is received directly or indirectly from one client, then the PAYE/UIF/SDL needs to be paid by the client.
So the reality of this is that Labour Brokers, who have one big client will not be issued with an exemption certificate and the client will have to deduct the statutory requirements and pay them over to SARS pretty much the same as if they were employing the staff.
Changes in the tax rates to Companies also make a significant difference to whether a company uses Labour Brokers and the Minister has now suggested and proposed the introduction of new measures. These measures include (but are not limited to), to discourage companies from providing services to a client, that converts income that would normally have been taxed as employment income into company income, as this is taxed at a lower rate.
The Minister has suggested that the term ‘employment company’ be used rather than ‘labour broker’, during the classification process. This then means that:
a. The income from services rendered by ‘employment companies’ will be subjected to employees’ tax. At this point (when the article I have used was written), the rate was not specified.
b. The allowable deductions of an employment company would be limited to the monies paid to shareholders and/or members and/or other employees of the company.
c. The income of an employment company would be taxed at a rate of 35% and any dividends declared by the company would be subject to STC which would result the actual tax rate being 42.22%
Note: These tax rates, in all probability may have changed – please check with a SARS office to ascertain what the correct rate is for the current year, as this legislation came into effect from 1 August 2000.
Next time we will have a look at some of the other requirements for Labour Brokers particularly with respect to the CCMA requirements.
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, March 18, 2019
Inspiration - Procrastination
Inspiration – Procrastination
By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd
The quote today is by an anonymous person who once said “Procrastination is the natural assassin of opportunity.”
Oh boy, oh boy, oh boy – the universe certainly delivered a swift sharp well aimed boot to my rear end when it gave me this particular quote.
Make no mistake – I am the master of procrastination – except in my world it is called anything but – Procrastination.
Much like I never, never, ever exaggerate, I don’t procrastinate either! Oh don’t get me wrong – I dream, I plan, I just have to do this or that, it’s too late in the day or it’s too early or I need a cup of tea, or a quick trip to the bathroom. I’m really tired and I can’t concentrate or need some ‘down’ time – anything to distract myself from what I know I have to do – all justified, all legitimate and all very true!
Here’s the thing though, when I do get my head together and I actually sit down and in the words of Jacob Zuma “apply my mind”, the actual task itself usually doesn’t take long and it’s usually quite painless, completely contrary to my initial perception. Then of course I end up kicking my own rear end because I have procrastinated to such an extent that I have left everything to the last minute and put myself under pressure. How ridiculous is that!
Have I learnt the lesson – sometimes I think I have, but the reality is, if I am completely honest, that I still procrastinate.
Thankfully though, I have been made aware of my negative ways and nowadays when I find or realize that I am procrastinating, I stop and make a list of the reasons as to why I am avoiding the task in question. Once I have the understanding of what the problem is, then I can solve it and get to the task a lot quicker. The challenge of course, is to actually admit that I am ‘procrastinating’.
Will I continue to procrastinate in the future – of course I will, its human nature, but I will also be far more aware of what I am doing and hopefully that means I will continually check to see that I am managing my time in the most efficient way.
So how about you – how do you manage your procrastination?
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 (Pty) Ltd
The quote today is by an anonymous person who once said “Procrastination is the natural assassin of opportunity.”
Oh boy, oh boy, oh boy – the universe certainly delivered a swift sharp well aimed boot to my rear end when it gave me this particular quote.
Make no mistake – I am the master of procrastination – except in my world it is called anything but – Procrastination.
Much like I never, never, ever exaggerate, I don’t procrastinate either! Oh don’t get me wrong – I dream, I plan, I just have to do this or that, it’s too late in the day or it’s too early or I need a cup of tea, or a quick trip to the bathroom. I’m really tired and I can’t concentrate or need some ‘down’ time – anything to distract myself from what I know I have to do – all justified, all legitimate and all very true!
Here’s the thing though, when I do get my head together and I actually sit down and in the words of Jacob Zuma “apply my mind”, the actual task itself usually doesn’t take long and it’s usually quite painless, completely contrary to my initial perception. Then of course I end up kicking my own rear end because I have procrastinated to such an extent that I have left everything to the last minute and put myself under pressure. How ridiculous is that!
Have I learnt the lesson – sometimes I think I have, but the reality is, if I am completely honest, that I still procrastinate.
Thankfully though, I have been made aware of my negative ways and nowadays when I find or realize that I am procrastinating, I stop and make a list of the reasons as to why I am avoiding the task in question. Once I have the understanding of what the problem is, then I can solve it and get to the task a lot quicker. The challenge of course, is to actually admit that I am ‘procrastinating’.
Will I continue to procrastinate in the future – of course I will, its human nature, but I will also be far more aware of what I am doing and hopefully that means I will continually check to see that I am managing my time in the most efficient way.
So how about you – how do you manage your procrastination?
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, March 15, 2019
HR 101 - Labour Broker Employees – Part 1
HR 101 - Labour Broker Employees – Part 1
By Nikki Viljoen of Viljoen Consulting (Pty) Ltd
Please note that this pertains to South African Labour Relations and Best Practice Requirements.
There has been a lot of controversy in the news of late regarding Labour Brokers and indeed, I have some clients who use Labour Brokers for their staffing requirements. Most people are under the impression that by using the services of a Labour Broker, they will save themselves the staffing problems and hassles that are usually incurred when dealing with employees – let me be clear on this, nothing is further from the truth! Here are some issues that employers need to understand when using Labour Brokers. These are, but not limited to:
Labour Broker employees enjoy exactly the same rights as any other employee under the Basic Conditions of Employment Act. This means that even if the Labour Broker loses the client or the contract comes to an end, the employee cannot just be dismissed. Let’s bring in the protagonists.
Mike is a Labour Broker who employs hundreds if not thousands of employees all over the country. He has clients in every major sector and enjoys a mainly good relationship with most of his clients who range from small 5 employee requirements to clients who have need of hundreds of employees.
George is one of Mike’s employees. George has worked for Mike for the last 15 years, with the majority of that being in a Distribution Company (let’s call them ABC Logistics), where George is a driver.
ABC Logistics have undergone some intense restructuring of the company and have decided to go the route of ‘owner/driver’, which obviously has a huge impact on the 500 odd drivers that they employ from various Labour Brokers. The contracts with the Labour Brokers are slowly but surely not being renewed and Mike finds himself with 150 drivers that he no longer has any work for as his contract was not renewed. Mike’s contract with all of his employees is a ‘temporary’ contract that does not have an end date, as Mike thought that this would be the easiest way to manage the employees, in the event that he lost contracts.
Mike decides that since he has lost the contract and therefore has no work for all of these drivers and since they are all ‘temporary’ staff anyway, he will just dismiss them and then that will be the end of that.
Mike sent out notices to all of the drivers advising them that the contract with ABC Logistics was coming to an end and that it would not be renewed and therefore his contract with the drivers would also be coming to an end.
When the contract ended, Mike dismissed all the drivers. George found himself another job and went to the CCMA as he did not receive a retrenchment package (also known as severance pay).
Mike found himself in hot water with a huge bill to pay. Here’s the thing – just because you have a ‘contract’ in place that says that you are a temporary employee, doesn’t make it so. A ‘temporary’ contract that does not have an ‘end date’ gives the employee a permanent status which means that his termination can only be for a very good reason.
Labour law is also extremely clear on what the requirements are in terms of severance pay and it is well documented. When retrenching staff the value of their severance pay or retrenchment packet hinges on the number of completed years that they have worked and be warned, there is no ceiling on this. So in George’s case, Mike had to pay out 15 weeks salary, but had George worked for Mike for 30 or even 40 years it would have made no difference – Mike would still need to pay one week for every completed year of service.
The only way that Mike could have avoided paying the severance pay would have been if he had offered George reasonable alternative employment, which in this instance clearly was not the case.
Mike learned the hard way, that even though he was a Labour Broker, his employees still needed to be treated fairly in terms of the Basic Conditions of Employment Act and the Labour Relations Act.
Next time we will have a look at some of the other requirements for Labour Brokers.
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 Viljoen Consulting (Pty) Ltd
Please note that this pertains to South African Labour Relations and Best Practice Requirements.
There has been a lot of controversy in the news of late regarding Labour Brokers and indeed, I have some clients who use Labour Brokers for their staffing requirements. Most people are under the impression that by using the services of a Labour Broker, they will save themselves the staffing problems and hassles that are usually incurred when dealing with employees – let me be clear on this, nothing is further from the truth! Here are some issues that employers need to understand when using Labour Brokers. These are, but not limited to:
Labour Broker employees enjoy exactly the same rights as any other employee under the Basic Conditions of Employment Act. This means that even if the Labour Broker loses the client or the contract comes to an end, the employee cannot just be dismissed. Let’s bring in the protagonists.
Mike is a Labour Broker who employs hundreds if not thousands of employees all over the country. He has clients in every major sector and enjoys a mainly good relationship with most of his clients who range from small 5 employee requirements to clients who have need of hundreds of employees.
George is one of Mike’s employees. George has worked for Mike for the last 15 years, with the majority of that being in a Distribution Company (let’s call them ABC Logistics), where George is a driver.
ABC Logistics have undergone some intense restructuring of the company and have decided to go the route of ‘owner/driver’, which obviously has a huge impact on the 500 odd drivers that they employ from various Labour Brokers. The contracts with the Labour Brokers are slowly but surely not being renewed and Mike finds himself with 150 drivers that he no longer has any work for as his contract was not renewed. Mike’s contract with all of his employees is a ‘temporary’ contract that does not have an end date, as Mike thought that this would be the easiest way to manage the employees, in the event that he lost contracts.
Mike decides that since he has lost the contract and therefore has no work for all of these drivers and since they are all ‘temporary’ staff anyway, he will just dismiss them and then that will be the end of that.
Mike sent out notices to all of the drivers advising them that the contract with ABC Logistics was coming to an end and that it would not be renewed and therefore his contract with the drivers would also be coming to an end.
When the contract ended, Mike dismissed all the drivers. George found himself another job and went to the CCMA as he did not receive a retrenchment package (also known as severance pay).
Mike found himself in hot water with a huge bill to pay. Here’s the thing – just because you have a ‘contract’ in place that says that you are a temporary employee, doesn’t make it so. A ‘temporary’ contract that does not have an ‘end date’ gives the employee a permanent status which means that his termination can only be for a very good reason.
Labour law is also extremely clear on what the requirements are in terms of severance pay and it is well documented. When retrenching staff the value of their severance pay or retrenchment packet hinges on the number of completed years that they have worked and be warned, there is no ceiling on this. So in George’s case, Mike had to pay out 15 weeks salary, but had George worked for Mike for 30 or even 40 years it would have made no difference – Mike would still need to pay one week for every completed year of service.
The only way that Mike could have avoided paying the severance pay would have been if he had offered George reasonable alternative employment, which in this instance clearly was not the case.
Mike learned the hard way, that even though he was a Labour Broker, his employees still needed to be treated fairly in terms of the Basic Conditions of Employment Act and the Labour Relations Act.
Next time we will have a look at some of the other requirements for Labour Brokers.
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, March 14, 2019
Blogging 101 – Put It Out There
Blogging 101 – Put It Out There
By Nikki Viljoen – Viljoen Consulting (Pty) Ltd
Over the last couple of months I have been asked several times, by nervous aspiring bloggers “How” to get their messages out there.
My advice – just get it out there!
Let me be absolutely clear about this – just getting it out there does NOT mean that you don’t have to do the research! Of course you do.
It’s great if you are 100% comfortable with your product or service, but there are always things that are changing. We all understand that technology changes at the speed of light (well that’s how it feels to me anyway). Then of course legislation also changes at a rapid rate. Market trends change and all of these changes impact on what you do and how you do it, so even if the information doesn’t change what you want to write about will, so chances are that is stuff that you need to know about anyway.
Just getting it out there also doesn’t mean that you should be doing a “slap dash” job. You should still be taking the time to think about what it is that you want to say and of course how you say it is also important in order to get the right message out. Be sure of your facts, be sure of your content and always be professional.
Just getting it out there also definitely does not mean that your idea or your article or your product or service will be successful. There are so many contributing factors to being successful and getting it out there is just one more little nudge going in the right direction.
It’s not all doom and gloom though because the positive side of getting it out there is (but not limited to):
- You’re online, you’re cultivating a following (well hopefully cultivating one), just as you are also following like-minded individuals or mentors or coaches.
- You’re not battling to get physical appointments with individuals who are jealously protected from people like you, by ‘gatekeepers’ and PA’s.
- Here you have an opportunity to be heard, to have your say, to state your case and say what you need to say – not only to one person or a handful of people who make up the Board, but to millions of people from all walks of life. People who are interested in what you have to offer or say.
- Online you are able to express yourself without the added pressure of being in front of a bunch of people who often (to your stressed out mind that is filled to capacity with anxiety) look like predators who haven’t eaten for months and who smell the strong scent of fresh meant – the fresh meat, of course, being you!
- Here online you can field comments and suggestions and consider all the input from around the globe, before responding . . . or not. People with ideas and comments that spark your imagination and who inspire you.
That’s just a tiny part of the appeal and the beauty of the internet.
Remember though, when you write your piece, that it’s good to consider all the feedback that you get and respond in whichever way you please but that if you’re are going to assume anything, assume that everybody – excluding yourself of course - everybody knows nothing! That way your words can be understood, comprehended and appreciated by everyone.
So go on . . . just get it out there!
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 (Pty) Ltd
Over the last couple of months I have been asked several times, by nervous aspiring bloggers “How” to get their messages out there.
My advice – just get it out there!
Let me be absolutely clear about this – just getting it out there does NOT mean that you don’t have to do the research! Of course you do.
It’s great if you are 100% comfortable with your product or service, but there are always things that are changing. We all understand that technology changes at the speed of light (well that’s how it feels to me anyway). Then of course legislation also changes at a rapid rate. Market trends change and all of these changes impact on what you do and how you do it, so even if the information doesn’t change what you want to write about will, so chances are that is stuff that you need to know about anyway.
Just getting it out there also doesn’t mean that you should be doing a “slap dash” job. You should still be taking the time to think about what it is that you want to say and of course how you say it is also important in order to get the right message out. Be sure of your facts, be sure of your content and always be professional.
Just getting it out there also definitely does not mean that your idea or your article or your product or service will be successful. There are so many contributing factors to being successful and getting it out there is just one more little nudge going in the right direction.
It’s not all doom and gloom though because the positive side of getting it out there is (but not limited to):
- You’re online, you’re cultivating a following (well hopefully cultivating one), just as you are also following like-minded individuals or mentors or coaches.
- You’re not battling to get physical appointments with individuals who are jealously protected from people like you, by ‘gatekeepers’ and PA’s.
- Here you have an opportunity to be heard, to have your say, to state your case and say what you need to say – not only to one person or a handful of people who make up the Board, but to millions of people from all walks of life. People who are interested in what you have to offer or say.
- Online you are able to express yourself without the added pressure of being in front of a bunch of people who often (to your stressed out mind that is filled to capacity with anxiety) look like predators who haven’t eaten for months and who smell the strong scent of fresh meant – the fresh meat, of course, being you!
- Here online you can field comments and suggestions and consider all the input from around the globe, before responding . . . or not. People with ideas and comments that spark your imagination and who inspire you.
That’s just a tiny part of the appeal and the beauty of the internet.
Remember though, when you write your piece, that it’s good to consider all the feedback that you get and respond in whichever way you please but that if you’re are going to assume anything, assume that everybody – excluding yourself of course - everybody knows nothing! That way your words can be understood, comprehended and appreciated by everyone.
So go on . . . just get it out there!
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, March 13, 2019
Networking 101 - An Easy Way to Reach New Clients
Networking 101 - An Easy Way to Reach New Clients
By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd
It is well documented and well known that the easiest way to increase your sales is to rope in and resurrect your existing and dormant clients.
The second easiest way to get new clients is from referral Networking. Let’s face it, the majority of us would rather make use of a supplier that someone has recommended than someone we have found in the yellow pages. I know for sure, which one I would rather use.
So how do you go about getting referrals? Well for me it is a ‘no brainer’. I do it through Networking. I have been Networking for a number of years now and the relationships that I have built up as a result of those networking events, pay up big time – really big time!
In the last week alone, I have formed 3 different collaborations with people within my own database and the result is that I have now got 3 different projects on the go. How exciting is that.
How did I originally meet these people? Well two of them I met through two different Networking meetings and the other was referred to me. How easy is that? It sure as hell beats knocking on doors and doing cold calling.
Remember though, you have to build the relationships and maintain them and you have to recognise the opportunity and then act on it. Don’t be discouraged if things don’t happen immediately. Stay focused and keep going – pretty soon the business will just start flying in.
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 (Pty) Ltd
It is well documented and well known that the easiest way to increase your sales is to rope in and resurrect your existing and dormant clients.
The second easiest way to get new clients is from referral Networking. Let’s face it, the majority of us would rather make use of a supplier that someone has recommended than someone we have found in the yellow pages. I know for sure, which one I would rather use.
So how do you go about getting referrals? Well for me it is a ‘no brainer’. I do it through Networking. I have been Networking for a number of years now and the relationships that I have built up as a result of those networking events, pay up big time – really big time!
In the last week alone, I have formed 3 different collaborations with people within my own database and the result is that I have now got 3 different projects on the go. How exciting is that.
How did I originally meet these people? Well two of them I met through two different Networking meetings and the other was referred to me. How easy is that? It sure as hell beats knocking on doors and doing cold calling.
Remember though, you have to build the relationships and maintain them and you have to recognise the opportunity and then act on it. Don’t be discouraged if things don’t happen immediately. Stay focused and keep going – pretty soon the business will just start flying in.
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
Tuesday, March 12, 2019
Business Tips – A Startup Never Closes
By Nikki Viljoen – Viljoen Consulting (Pty) Ltd
Judging from some of the queries and e-mails that I have been getting over the last couple of months, it is abundantly clear that the perception around business startups is really, really, really skewered.
I know that at the moment, everyone wants to be a “CEO” or a “Director” and that on the face of things it is not a bad thing – it’s good to dream. The reality though is that having a title won’t make your business a success and having a title doesn’t mean that you can sit back and delegate all the tasks and that’s the extent of your involvement in the business.
The reality is that as a startup – more often than not, you are not only the “CEO”, but also the PA, the marketing department, the admin department, the tea lady (whether you are male or female) and the delivery driver. The reality is that although your ‘doors’ may close to customers at the end of the day, it is highly unlikely that your business duties will allow you to pack up and have the luxury of putting your tools down for the day.
Sadly many corporate employees look at their bosses or directors and see only what they want to see – the afternoons playing golf or the expensive cars or expensive clothes. What they don’t see is all the hard work, the 18 hour days and no week-ends to public holidays, the loss of family life. They don’t see the working while you are under the weather and sick, and oh . . don’t forget the trying to convince yourself that you were in bed for two days recuperating from a surgical procedure and those days amount to your time off for the next 6 months.
When you work from home, unless you control it, it actually becomes worse. Going upstairs to bed at night, I more often than not turn right at the top of the stairs – into the office, instead of left into the bedroom.
I soon realized that no matter how ‘smart’ I worked, I needed to put in the long hours in order to set things up and get ahead of the competition. I knew that I had to make the sacrifices then, in order for me to reap the rewards further on down the line.
Needless to say, many would be Entrepreneurs give up and fall by the wayside, disillusioned by the world of business – the reality of what it takes to grow and run a sustainable business, victims of their own shortsighted, un-researched, rose-tinted expectations.
Most return to the types of bosses from whence they came, blaming the government, the red tape, the economy and in fact everyone other than themselves, unwilling to take the responsibility for their own lack of judgment. Some forage forward to the next pipe dream or hare brained scheme of ‘instant riches’ that can be amassed, again without any idea of ‘what it takes’ to achieve the type of success that only successful people can make look so easy.
Understand though – in order for them to have achieved that level of success in their businesses, they have had to put in the time – they have had to make the sacrifices, often at the cost of their marriages, their families and their loved ones and they have had to remain focused on their goals. Ultimately they have had to believe in themselves.
Question is – do you believe enough in yourself and are you willing to make this kind of sacrifice?
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 (Pty) Ltd
Judging from some of the queries and e-mails that I have been getting over the last couple of months, it is abundantly clear that the perception around business startups is really, really, really skewered.
I know that at the moment, everyone wants to be a “CEO” or a “Director” and that on the face of things it is not a bad thing – it’s good to dream. The reality though is that having a title won’t make your business a success and having a title doesn’t mean that you can sit back and delegate all the tasks and that’s the extent of your involvement in the business.
The reality is that as a startup – more often than not, you are not only the “CEO”, but also the PA, the marketing department, the admin department, the tea lady (whether you are male or female) and the delivery driver. The reality is that although your ‘doors’ may close to customers at the end of the day, it is highly unlikely that your business duties will allow you to pack up and have the luxury of putting your tools down for the day.
Sadly many corporate employees look at their bosses or directors and see only what they want to see – the afternoons playing golf or the expensive cars or expensive clothes. What they don’t see is all the hard work, the 18 hour days and no week-ends to public holidays, the loss of family life. They don’t see the working while you are under the weather and sick, and oh . . don’t forget the trying to convince yourself that you were in bed for two days recuperating from a surgical procedure and those days amount to your time off for the next 6 months.
When you work from home, unless you control it, it actually becomes worse. Going upstairs to bed at night, I more often than not turn right at the top of the stairs – into the office, instead of left into the bedroom.
I soon realized that no matter how ‘smart’ I worked, I needed to put in the long hours in order to set things up and get ahead of the competition. I knew that I had to make the sacrifices then, in order for me to reap the rewards further on down the line.
Needless to say, many would be Entrepreneurs give up and fall by the wayside, disillusioned by the world of business – the reality of what it takes to grow and run a sustainable business, victims of their own shortsighted, un-researched, rose-tinted expectations.
Most return to the types of bosses from whence they came, blaming the government, the red tape, the economy and in fact everyone other than themselves, unwilling to take the responsibility for their own lack of judgment. Some forage forward to the next pipe dream or hare brained scheme of ‘instant riches’ that can be amassed, again without any idea of ‘what it takes’ to achieve the type of success that only successful people can make look so easy.
Understand though – in order for them to have achieved that level of success in their businesses, they have had to put in the time – they have had to make the sacrifices, often at the cost of their marriages, their families and their loved ones and they have had to remain focused on their goals. Ultimately they have had to believe in themselves.
Question is – do you believe enough in yourself and are you willing to make this kind of sacrifice?
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, March 11, 2019
Inspiration – A Certain Set of Attitudes
Inspiration – A Certain Set of Attitudes
By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd
Hugh Dawns says “A happy person is not a person in a certain set of circumstances but rather a person with a certain set of attitudes.”
I attended a Women’s month function at GIBS a while back and what an inspiring bunch of women I met there.
One of the issues that came out of the interactions was the fact that here in South Africa, failure is viewed in a very negative light. The reality of life however, shows failure very differently.
You see, if you look at the history books, really successful people have all at one time or another been failures. Their one redeeming quality however is the manner in which they reacted to, or how they handled their failures. They got back up and tried again, and again, and again. If the truth be told they continued to try until they got it right.
They certainly did not lie there broken in heart and spirit, moaning about how the government, the tax man, the economy, the competition (insert any thing else that you would like here) have caused their downfall. They have picked themselves up, dusted themselves down, taken what they have learnt from the experience and tried again.
Whatever the circumstances that they have found themselves in, their attitude to what they actually want to achieve has been their driving force and it is what has fueled their passion.
So use your energy differently. Instead of blaming everyone and everything for what is happening to you – turn it around and look at the lessons that you can or have learnt. Use those lessons wisely, get back up onto your feet and with your eyes fixed firmly on the future – and try again.
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 (Pty) Ltd
Hugh Dawns says “A happy person is not a person in a certain set of circumstances but rather a person with a certain set of attitudes.”
I attended a Women’s month function at GIBS a while back and what an inspiring bunch of women I met there.
One of the issues that came out of the interactions was the fact that here in South Africa, failure is viewed in a very negative light. The reality of life however, shows failure very differently.
You see, if you look at the history books, really successful people have all at one time or another been failures. Their one redeeming quality however is the manner in which they reacted to, or how they handled their failures. They got back up and tried again, and again, and again. If the truth be told they continued to try until they got it right.
They certainly did not lie there broken in heart and spirit, moaning about how the government, the tax man, the economy, the competition (insert any thing else that you would like here) have caused their downfall. They have picked themselves up, dusted themselves down, taken what they have learnt from the experience and tried again.
Whatever the circumstances that they have found themselves in, their attitude to what they actually want to achieve has been their driving force and it is what has fueled their passion.
So use your energy differently. Instead of blaming everyone and everything for what is happening to you – turn it around and look at the lessons that you can or have learnt. Use those lessons wisely, get back up onto your feet and with your eyes fixed firmly on the future – and try again.
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, March 08, 2019
HR 101 - Desertion and the AWOL Employee – Part 3
HR 101 - Desertion and the AWOL Employee – Part 3
By Nikki Viljoen of Viljoen Consulting (Pty) Ltd
Please note that this pertains to South African Labour Relations and Best Practice requirements.
Over the last two weeks we have had a look at an example of desertion where the employee just did not ever come back to work and one where the employee did come back to work. This time let’s look at a different example.
So bring in the protagonists – Mike owns a chain of retail stores in various busy malls across the country. George is one of his managers. Let’s use the busy Christmas time type scene again. It’s a Thursday morning and Jane (the Assistant Store Manager) calls Mike to tell him that George has not arrived for work and there is a queue of clients (as well as the rest of the staff) waiting for the store to open.
Understandably, Mike is somewhat annoyed but he hurries off with the store spare keys to open up. Mike tries to contact George on all of the numbers that he has to no avail and then resigns himself to the fact that George won’t be in for the day. Mike’s procedures are well documented and he goes about doing a formal hand over to Jane, who grabs the opportunity willingly as she wants to prove herself and get ahead.
On Friday (day two) Jane advises Mike that once again George has not arrived at work and they try and contact him again, leaving messages all over.
Saturday (day three), Jane again advises that George has not arrived at work and again they try and contact him, leaving messages for him everywhere.
Sunday (day four), Jane makes the call again to advise Mike that George has not arrived for work.
Monday morning early George arrives together with a long story of how he was kidnapped. Mike, who was furious, now feels remorse about his anger and now starts feeling pity for his traumatised employee instead. A thought keeps popping into his head however because for someone who was kidnapped and physically restrained (as per George’s story) and held without food or water in a dark room, there is no visible signs of any trauma. Mike decides to ‘keep it tidy’ and asks George for the Police Case Number and hospital records where George was ‘checked out’ to ensure that he was okay, for the records.
Several days later after much nagging, George breaks down and admits that there is no case number as he did not report it to the police and he did not go to the hospital because well, there was no kidnapping. The actual event that took place was that George went out drinking with his friends on the Wednesday evening and they continued to drink through the night and then all of Thursday too. At some point it was decided in their alcoholic haze that they needed an excuse as to why none of them had gone to work and they came up with the kidnapping story. The alcoholic binge had continued through Friday and Saturday as well and George had slept through Saturday night and all day Sunday which is why he was able to return to work on Monday morning.
Furious again, Mike brought disciplinary charges against George for being AWOL (following the correct procedures of course) and George was found guilty. The days that he had been off were calculated as unpaid leave and the money was deducted from George’s salary. George’s elaborate story also had consequences. George was demoted and lost his title of Manager and Jane was promoted into his position.
That concludes the examples of the difference between ‘Desertion’ and being AWOL. Next time we will look at a new topic.
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 Viljoen Consulting (Pty) Ltd
Please note that this pertains to South African Labour Relations and Best Practice requirements.
Over the last two weeks we have had a look at an example of desertion where the employee just did not ever come back to work and one where the employee did come back to work. This time let’s look at a different example.
So bring in the protagonists – Mike owns a chain of retail stores in various busy malls across the country. George is one of his managers. Let’s use the busy Christmas time type scene again. It’s a Thursday morning and Jane (the Assistant Store Manager) calls Mike to tell him that George has not arrived for work and there is a queue of clients (as well as the rest of the staff) waiting for the store to open.
Understandably, Mike is somewhat annoyed but he hurries off with the store spare keys to open up. Mike tries to contact George on all of the numbers that he has to no avail and then resigns himself to the fact that George won’t be in for the day. Mike’s procedures are well documented and he goes about doing a formal hand over to Jane, who grabs the opportunity willingly as she wants to prove herself and get ahead.
On Friday (day two) Jane advises Mike that once again George has not arrived at work and they try and contact him again, leaving messages all over.
Saturday (day three), Jane again advises that George has not arrived at work and again they try and contact him, leaving messages for him everywhere.
Sunday (day four), Jane makes the call again to advise Mike that George has not arrived for work.
Monday morning early George arrives together with a long story of how he was kidnapped. Mike, who was furious, now feels remorse about his anger and now starts feeling pity for his traumatised employee instead. A thought keeps popping into his head however because for someone who was kidnapped and physically restrained (as per George’s story) and held without food or water in a dark room, there is no visible signs of any trauma. Mike decides to ‘keep it tidy’ and asks George for the Police Case Number and hospital records where George was ‘checked out’ to ensure that he was okay, for the records.
Several days later after much nagging, George breaks down and admits that there is no case number as he did not report it to the police and he did not go to the hospital because well, there was no kidnapping. The actual event that took place was that George went out drinking with his friends on the Wednesday evening and they continued to drink through the night and then all of Thursday too. At some point it was decided in their alcoholic haze that they needed an excuse as to why none of them had gone to work and they came up with the kidnapping story. The alcoholic binge had continued through Friday and Saturday as well and George had slept through Saturday night and all day Sunday which is why he was able to return to work on Monday morning.
Furious again, Mike brought disciplinary charges against George for being AWOL (following the correct procedures of course) and George was found guilty. The days that he had been off were calculated as unpaid leave and the money was deducted from George’s salary. George’s elaborate story also had consequences. George was demoted and lost his title of Manager and Jane was promoted into his position.
That concludes the examples of the difference between ‘Desertion’ and being AWOL. Next time we will look at a new topic.
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, March 07, 2019
Blogging 101 – Lessons to Make Your Blog Ratings Soar
Blogging 101 – Lessons to Make Your Blog Ratings Soar
By Nikki Viljoen – Viljoen Consulting (Pty) Ltd
Contrary to popular belief, there are millions of bloggers out there, all who have a voice of sorts, many of whom have something intelligent to say (and of course those who just sprout absolute nonsense.) How on earth do you get your voice (or writing in this case) to be heard above the clatter?
Here are some thoughts of mine that may help . .
1. Those who know me will attest to the fact that I tell it like it is. I don’t sugar coat things which means of course, that often what I write about is not necessarily what you want to hear. Quite honestly, it is also often what I need to hear.
This means that I often tackle subject matter that is universally known as the ‘tough stuff’ and to make myself clear (and in the spirit of transparency,) I don’t mince my words. I don’t cross over the lines of the law or name and shame very often (and that would pertain strictly to individuals although I have on occasion named Companies) and one of my friends often says “Nikki! You need a filter!” my response to that is “I’ve never had one and I’m too old and cranky to get one now!”
All of that said, I do believe that it is a good thing to have those ‘difficult conversations’ once in a while and in view of the fact that I write the same way that I speak, I consider these blogs as my contribution to humanity.
2. Share the love! (or in this case the information). Find like minded individuals and get them to post the blogs on their FB pages or on their websites and allow them to do the same on yours. Obviously this means that you will reach a far greater audience.
Be sure though to collaborate with individuals who share the same passions that you do rather than just someone who is willing to let anyone post, as long as they have content.
Let me give you some examples – I was recently approached by someone in the “wellness” industry and believe me when I say “wellness” industry with my tongue in my cheek. Without saying the name, they sell a well known men’s “bits and pieces” enhancement pills and they figured that many of my readers are male and that qualified and entitled them to post on my blogs. As an Internal Auditor and Business Administration Specialist, I of course had a different perspective. Despite the fact that many of their readers may be Entrepreneurs, the fact of the matter is that my post on their website and visa versa, would be inappropriate.
It would also be prudent to do some research and check them out. Are they who they say they are and do they do what they say they do? Check out some of their posts – are they aligned to what you do and visa versa.
Remember too that this is a collaboration so you both need to benefit in terms of traffic to your website or other social media coverage.
3. Tip number 2 flows neatly into tip number 3. It doesn’t have to be your own material. No-where is it written that you have to only use your own material! It’s your blog and you can do as you please!
That said of course, it is always a good idea to get the other author’s permission and make sure that you give them the credit.
If you don’t even know who the wrote the material, be sure to mention that. It will strengthen your credibility and your trustworthiness.
4. Finally, many people are of the opinion that you should blog or tweet, not both!
I say “the hell with that” and do both! The reality is that some folk enjoy tweets as opposed to blogs and others prefer it the other way around. Why not cater to both? Either way, the choice is yours – there is no wrong or right way here, it’s what suits you the best.
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
By Nikki Viljoen – Viljoen Consulting (Pty) Ltd
Contrary to popular belief, there are millions of bloggers out there, all who have a voice of sorts, many of whom have something intelligent to say (and of course those who just sprout absolute nonsense.) How on earth do you get your voice (or writing in this case) to be heard above the clatter?
Here are some thoughts of mine that may help . .
1. Those who know me will attest to the fact that I tell it like it is. I don’t sugar coat things which means of course, that often what I write about is not necessarily what you want to hear. Quite honestly, it is also often what I need to hear.
This means that I often tackle subject matter that is universally known as the ‘tough stuff’ and to make myself clear (and in the spirit of transparency,) I don’t mince my words. I don’t cross over the lines of the law or name and shame very often (and that would pertain strictly to individuals although I have on occasion named Companies) and one of my friends often says “Nikki! You need a filter!” my response to that is “I’ve never had one and I’m too old and cranky to get one now!”
All of that said, I do believe that it is a good thing to have those ‘difficult conversations’ once in a while and in view of the fact that I write the same way that I speak, I consider these blogs as my contribution to humanity.
2. Share the love! (or in this case the information). Find like minded individuals and get them to post the blogs on their FB pages or on their websites and allow them to do the same on yours. Obviously this means that you will reach a far greater audience.
Be sure though to collaborate with individuals who share the same passions that you do rather than just someone who is willing to let anyone post, as long as they have content.
Let me give you some examples – I was recently approached by someone in the “wellness” industry and believe me when I say “wellness” industry with my tongue in my cheek. Without saying the name, they sell a well known men’s “bits and pieces” enhancement pills and they figured that many of my readers are male and that qualified and entitled them to post on my blogs. As an Internal Auditor and Business Administration Specialist, I of course had a different perspective. Despite the fact that many of their readers may be Entrepreneurs, the fact of the matter is that my post on their website and visa versa, would be inappropriate.
It would also be prudent to do some research and check them out. Are they who they say they are and do they do what they say they do? Check out some of their posts – are they aligned to what you do and visa versa.
Remember too that this is a collaboration so you both need to benefit in terms of traffic to your website or other social media coverage.
3. Tip number 2 flows neatly into tip number 3. It doesn’t have to be your own material. No-where is it written that you have to only use your own material! It’s your blog and you can do as you please!
That said of course, it is always a good idea to get the other author’s permission and make sure that you give them the credit.
If you don’t even know who the wrote the material, be sure to mention that. It will strengthen your credibility and your trustworthiness.
4. Finally, many people are of the opinion that you should blog or tweet, not both!
I say “the hell with that” and do both! The reality is that some folk enjoy tweets as opposed to blogs and others prefer it the other way around. Why not cater to both? Either way, the choice is yours – there is no wrong or right way here, it’s what suits you the best.
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
Wednesday, March 06, 2019
Networking 101 - Brand Yourself
Networking 101 - Brand Yourself
By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd
Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:
“Brand yourself. Find a way of making yourself memorable.”
I know that this is a subject that I have touched on many times before, but perhaps it is time to re-visit it.
You see, I have been going through my database, it’s something that I do on a regular basis, when I send mails out. This time though it has also been a clean up. So as I sent the mails out, and they bounced back, I made a concerted effort of deciding whether I should contact the person and ascertain why it is that their mails are bouncing or if it was time to remove that particular person’s information from my database.
It’s a good thing you know, to ‘clean’ out your database from time to time, to ensure that it is current and up to date.
Now here’s the thing, you see about 70% of the bounced mails belong to people who I have no recollection of. Looking at the information that I have on them, I can tell you where I met them and even the name of their business or who introduced them to me, but I cannot remember what they look like or even what they do.
That’s a problem – I know that I have a really bad memory for names and faces, which is why I always add in the additional information about them (where I met them, or who introduced them to me and so on), but not to remember what they do – well that for me is not good. I usually have even a vague idea what it is that people do, particularly if they have made a really great impression on my mind – which obviously in terms of the people who I cannot remember have not done.
To make a good impression on my mind (or anyone else for that matter) means that the branding has to be particularly strong, especially in the instances where the name of the Company does not give out any kind of clues as to what the person does. I mean if the name of the Company is ABC Plumbing, it’s pretty certain that the person is a plumber, but if the name of the Company is ABC Consulting, then I have a problem.
So make sure that your branding is very strong, that the way that you present yourself or what it is that you do, makes you stand out in the crowd and not just for a moment, but also for time to come. So that even people like me, who have a bad memory for names and faces, will not forget what it is that you do.
If I don’t remember what you do, then I cannot refer you or your services and having your name and contact details in my database actually serves no purpose what-so-ever.
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 (Pty) Ltd
Dr. Renate Volpe, in her nugget cards entitled “Networking Tips” says:
“Brand yourself. Find a way of making yourself memorable.”
I know that this is a subject that I have touched on many times before, but perhaps it is time to re-visit it.
You see, I have been going through my database, it’s something that I do on a regular basis, when I send mails out. This time though it has also been a clean up. So as I sent the mails out, and they bounced back, I made a concerted effort of deciding whether I should contact the person and ascertain why it is that their mails are bouncing or if it was time to remove that particular person’s information from my database.
It’s a good thing you know, to ‘clean’ out your database from time to time, to ensure that it is current and up to date.
Now here’s the thing, you see about 70% of the bounced mails belong to people who I have no recollection of. Looking at the information that I have on them, I can tell you where I met them and even the name of their business or who introduced them to me, but I cannot remember what they look like or even what they do.
That’s a problem – I know that I have a really bad memory for names and faces, which is why I always add in the additional information about them (where I met them, or who introduced them to me and so on), but not to remember what they do – well that for me is not good. I usually have even a vague idea what it is that people do, particularly if they have made a really great impression on my mind – which obviously in terms of the people who I cannot remember have not done.
To make a good impression on my mind (or anyone else for that matter) means that the branding has to be particularly strong, especially in the instances where the name of the Company does not give out any kind of clues as to what the person does. I mean if the name of the Company is ABC Plumbing, it’s pretty certain that the person is a plumber, but if the name of the Company is ABC Consulting, then I have a problem.
So make sure that your branding is very strong, that the way that you present yourself or what it is that you do, makes you stand out in the crowd and not just for a moment, but also for time to come. So that even people like me, who have a bad memory for names and faces, will not forget what it is that you do.
If I don’t remember what you do, then I cannot refer you or your services and having your name and contact details in my database actually serves no purpose what-so-ever.
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
Tuesday, March 05, 2019
Business Tips – An Abundance of Resources
Business Tips – An Abundance of Resources
By Nikki Viljoen – Viljoen Consulting (Pty) Ltd
Dr Renate Volpe, in her Leadership Insights nuggets says “Interdependence requires a shift in perception from a belief in the scarceness of resources, to the knowledge of an abundance of them.”
Wow! What a profound statement and how absolutely true. I think that on some level, as we grow into adults we begin to be ruled by our fears. That’s just crazy – much like the ‘tail wagging the dog’! Think about it for a moment – as children, we did not worry where our next meal was coming from or whether there were clean clothes to wear (or any clothes for that matter), we trusted that meals would arrive as would clothes and other necessities. As we grew up though, we started the whole ‘fear’ cycle. We became afraid of things on many levels, where the money would come from to buy the dance lessons or the new dress that we absolutely have to have or even fear of how our peers saw and what they thought of us.
So we get past the raging hormones of our teenage years, which always add to the conflict and as young adults we enter the Corporate world (well the majority of us do) and here the fear really sets in – we’re scared of what our colleagues may think of us, or that they will get the promotion before we do. We form, what we think are strategic alliances (much like the ones on the current Survivor series) and they generally fall down as none of us have been quite as honest and as up front and as ‘transparent’ as we should have been. We grapple and grope our way to the top, stepping on toes and even heads of people as we strive to get ahead, because ‘well there’s only one position available and I want it!’
Hopefully somewhere along the line we have an Oprah “Ah Ha” moment and our mindset changes and we see that actually, there is not only ‘one’ position available but as many positions and opportunities as we are willing to see, available.
Even for those of us in our own businesses, the opportunities and abundance is there for the taking, all we have to do is actually see them and then do something about them.
Remember though, that without the ‘action’ there is nothing. It doesn’t matter how many opportunities come your way, if you don’t do anything about them then that is all that they remain – an opportunity.
So open your eyes and look around you – if you are really ‘looking’ and really ‘seeing’, you will be amazed at what is available.
(https://www.allhappyquotes.com/best-motivational-quotes/)
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 (Pty) Ltd
Dr Renate Volpe, in her Leadership Insights nuggets says “Interdependence requires a shift in perception from a belief in the scarceness of resources, to the knowledge of an abundance of them.”
Wow! What a profound statement and how absolutely true. I think that on some level, as we grow into adults we begin to be ruled by our fears. That’s just crazy – much like the ‘tail wagging the dog’! Think about it for a moment – as children, we did not worry where our next meal was coming from or whether there were clean clothes to wear (or any clothes for that matter), we trusted that meals would arrive as would clothes and other necessities. As we grew up though, we started the whole ‘fear’ cycle. We became afraid of things on many levels, where the money would come from to buy the dance lessons or the new dress that we absolutely have to have or even fear of how our peers saw and what they thought of us.
So we get past the raging hormones of our teenage years, which always add to the conflict and as young adults we enter the Corporate world (well the majority of us do) and here the fear really sets in – we’re scared of what our colleagues may think of us, or that they will get the promotion before we do. We form, what we think are strategic alliances (much like the ones on the current Survivor series) and they generally fall down as none of us have been quite as honest and as up front and as ‘transparent’ as we should have been. We grapple and grope our way to the top, stepping on toes and even heads of people as we strive to get ahead, because ‘well there’s only one position available and I want it!’
Hopefully somewhere along the line we have an Oprah “Ah Ha” moment and our mindset changes and we see that actually, there is not only ‘one’ position available but as many positions and opportunities as we are willing to see, available.
Even for those of us in our own businesses, the opportunities and abundance is there for the taking, all we have to do is actually see them and then do something about them.
Remember though, that without the ‘action’ there is nothing. It doesn’t matter how many opportunities come your way, if you don’t do anything about them then that is all that they remain – an opportunity.
So open your eyes and look around you – if you are really ‘looking’ and really ‘seeing’, you will be amazed at what is available.
(https://www.allhappyquotes.com/best-motivational-quotes/)
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, March 04, 2019
Inspiration – Take the Decision to Act . . . Then Act!
Inspiration – Take the Decision to Act . . . Then Act!
By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd
Tony Robbins says “A real decision is measure by the fact that you’ve taken new action. If there’s no action, then you haven’t really decided.”
We’ve all heard the smoker or the alcoholic or drug addict say something along the lines of “I’ve really, really tried, but I just can’t do it!”
Here’s a fact, I started smoking at the age of 14. Everyone at school was doing it (well all the “bad” girls were), so I made a decision and that was that I would join them and smoke. So it wasn’t something that ‘happened’ to me or that I was forced into. It was a conscious decision that I took to put the cigarette into my mouth and light it and puff on it! It was also my decision to take the second puff, even though I had coughed badly and down the line it was also my decision to light the second cigarette and so on.
During the following years, I smoked a pipe as well as cigars. I actually gave up for six months in the early 70s and then I started again. It was a decision that I made and stuck to until one day after a particularly great meal out with friends, I was offered a cigar and accepted and smoked believing that it was a once off thing. It wasn’t. Here’s the thing, when you make a decision like stopping smoking the ‘action’ part of it has to be for the rest of your life, because if you let your guard down for one moment and you’re tempted, it’s over. . and you will have to start from the beginning again. I digress, back to the story. I never did smoke a cigarette again but I continued to smoke cigars and cigarillos, telling myself that they were better for me than cigarettes. Again, it was a decision that I made.
In 1993, full of sinus and respiratory problems, I again made the decision to stop smoking and I haven’t smoked anything since.
The bottom line is that this time, once I had made the decision, I acted on it and have acted on it every single day since then.
How did I manage this? My late father always used to say to me “You are not responsible for the name that you bring into this world because it is the name that I gave you, but you are responsible for the name that you take out of this world because it is the name that you have made for yourself.” Consequently I have always been very aware of the fact that I have to keep my word. When I say that I am going to do something, then I have to do it. It is my word, my bond, my name and it affects my credibility.
So this time when I made the decision to stop smoking, I told everybody that would listen and I’m pretty sure there were some who didn’t want to listen, that I would be stopping smoking as well as the date and time. In this way, I had no option but to stop as I had given my word and of course now my credibility was on the line.
Here’s the lesson, when you need to make a change in your life and you have made the decision, make sure that the ‘pain point’ is far greater that the ‘pleasure’.
In this case my ‘pain point’ being the loss of face and my credibility was (and still is) far greater than any pleasure that I have derived from smoking.
This knowledge has been one the most important lessons that I have learnt and one that I use on a daily basis and especially when I have to make an important decision.
What will hurt me more than what the pleasure is of doing . . . ?
It’s one that you could also us to help you when you need to make those important decisions that will change a habit.
Good luck!
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 (Pty) Ltd
Tony Robbins says “A real decision is measure by the fact that you’ve taken new action. If there’s no action, then you haven’t really decided.”
We’ve all heard the smoker or the alcoholic or drug addict say something along the lines of “I’ve really, really tried, but I just can’t do it!”
Here’s a fact, I started smoking at the age of 14. Everyone at school was doing it (well all the “bad” girls were), so I made a decision and that was that I would join them and smoke. So it wasn’t something that ‘happened’ to me or that I was forced into. It was a conscious decision that I took to put the cigarette into my mouth and light it and puff on it! It was also my decision to take the second puff, even though I had coughed badly and down the line it was also my decision to light the second cigarette and so on.
During the following years, I smoked a pipe as well as cigars. I actually gave up for six months in the early 70s and then I started again. It was a decision that I made and stuck to until one day after a particularly great meal out with friends, I was offered a cigar and accepted and smoked believing that it was a once off thing. It wasn’t. Here’s the thing, when you make a decision like stopping smoking the ‘action’ part of it has to be for the rest of your life, because if you let your guard down for one moment and you’re tempted, it’s over. . and you will have to start from the beginning again. I digress, back to the story. I never did smoke a cigarette again but I continued to smoke cigars and cigarillos, telling myself that they were better for me than cigarettes. Again, it was a decision that I made.
In 1993, full of sinus and respiratory problems, I again made the decision to stop smoking and I haven’t smoked anything since.
The bottom line is that this time, once I had made the decision, I acted on it and have acted on it every single day since then.
How did I manage this? My late father always used to say to me “You are not responsible for the name that you bring into this world because it is the name that I gave you, but you are responsible for the name that you take out of this world because it is the name that you have made for yourself.” Consequently I have always been very aware of the fact that I have to keep my word. When I say that I am going to do something, then I have to do it. It is my word, my bond, my name and it affects my credibility.
So this time when I made the decision to stop smoking, I told everybody that would listen and I’m pretty sure there were some who didn’t want to listen, that I would be stopping smoking as well as the date and time. In this way, I had no option but to stop as I had given my word and of course now my credibility was on the line.
Here’s the lesson, when you need to make a change in your life and you have made the decision, make sure that the ‘pain point’ is far greater that the ‘pleasure’.
In this case my ‘pain point’ being the loss of face and my credibility was (and still is) far greater than any pleasure that I have derived from smoking.
This knowledge has been one the most important lessons that I have learnt and one that I use on a daily basis and especially when I have to make an important decision.
What will hurt me more than what the pleasure is of doing . . . ?
It’s one that you could also us to help you when you need to make those important decisions that will change a habit.
Good luck!
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, March 01, 2019
HR 101 - Desertion and the AWOL Employee – Part 2
HR 101 - Desertion and the AWOL Employee – Part 2
By Nikki Viljoen of Viljoen Consulting (Pty) Ltd
Please note that this pertains to South African Labour Relations and Best Practice requirements.
Last time we had a look at an example of desertion where the employee just did not ever come back to work. This time let’s look at a different example.
So bring in the protagonists – Mike owns a chain of retail stores in various busy malls across the country. George is one of his managers. Let’s use the busy Christmas time type scene again. It’s a Thursday afternoon and George is counting the hours until the weekend as he is taking his monthly weekend off and plans to go home to visit his mother who is in a small town about 200kms from where he lives. George’s mother is not very well and he is looking forward to spending some quality time with her.
The phone rings and it is George’s mother’s neighbour Annabel, who is calling to tell George that his mother has taken a turn for the worst and he must come home immediately. Mike happens to be in the store when the call comes in and he tells George to leave immediately and take the Friday off as well and that this extra day together with the weekend will give George sufficient time to sort something out for his mother and make whatever arrangements need to be made for her well being.
George gets to his mother and she insists that she wants to see the traditional healer from her home town which is more than 1000kms away. George takes her.
Herein lies the problem. You see Mike is expecting George to return to work on Monday and George does not return and also does not phone in to explain what he is doing. In fact George does not return to work for another two weeks and during this whole period he does not contact Mike or any other colleagues. After George not being at work for 5 days and in compliance with the Basic Conditions of employment Act and the Labour Relations Act, Mike follows the correct procedure. Mike tries to phone all the contact numbers that he has on record for George. Mike sends a telegram to George’s place of residence and even drives there to see if he can get hold of George. To all intents and purposes, George has disappeared.
Eventually Mike holds the disciplinary in abstentia, George is found guilty of desertion and he is dismissed.
When George eventually does return to work, he is informed that he has been dismissed and that there is another person employed in his position.
Now here is the question – under these circumstanced did George desert and abandon his employment or was it just a case of his being AWOL. The question that the CCMA has to look at also is whether the reason for George’s dismissal was a fair one.
Well the argument goes along the lines of, when George did not return on the Monday after his weekend off, surely Mike must have considered the possibility that George was not able to sort his mother out and that is why he had been delayed in returning.
Mike on the other hand, did also not have anyone to fill George’s position and it was also the busiest time of the retail year. George did not contact Mike during the entire period that he was away and he also did not respond to any messages that were left on his cell phone. George’s response to why he did not contact Mike was that he was concerned for his mother and did not think to phone as Mike knew that his mother was ill.
Now here’s the thing – in order to find an employee ‘guilty of desertion’ there must be a very strong indication that that employee has no intention of returning to work. Clearly this is not the case here and the result of this is that Mike lost his case.
Desertion is defined as “desertion is distinguishable from absence without leave in that the employee who deserts his or her post does so with the intention of not returning, or having left his or her post, subsequently formulates the intention not to return. On the other hand, the AWOL employee is absent with the intention of resuming his or her employment.”
Next time we will have a look at a typical case of being AWOL (Absent without leave).
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 Viljoen Consulting (Pty) Ltd
Please note that this pertains to South African Labour Relations and Best Practice requirements.
Last time we had a look at an example of desertion where the employee just did not ever come back to work. This time let’s look at a different example.
So bring in the protagonists – Mike owns a chain of retail stores in various busy malls across the country. George is one of his managers. Let’s use the busy Christmas time type scene again. It’s a Thursday afternoon and George is counting the hours until the weekend as he is taking his monthly weekend off and plans to go home to visit his mother who is in a small town about 200kms from where he lives. George’s mother is not very well and he is looking forward to spending some quality time with her.
The phone rings and it is George’s mother’s neighbour Annabel, who is calling to tell George that his mother has taken a turn for the worst and he must come home immediately. Mike happens to be in the store when the call comes in and he tells George to leave immediately and take the Friday off as well and that this extra day together with the weekend will give George sufficient time to sort something out for his mother and make whatever arrangements need to be made for her well being.
George gets to his mother and she insists that she wants to see the traditional healer from her home town which is more than 1000kms away. George takes her.
Herein lies the problem. You see Mike is expecting George to return to work on Monday and George does not return and also does not phone in to explain what he is doing. In fact George does not return to work for another two weeks and during this whole period he does not contact Mike or any other colleagues. After George not being at work for 5 days and in compliance with the Basic Conditions of employment Act and the Labour Relations Act, Mike follows the correct procedure. Mike tries to phone all the contact numbers that he has on record for George. Mike sends a telegram to George’s place of residence and even drives there to see if he can get hold of George. To all intents and purposes, George has disappeared.
Eventually Mike holds the disciplinary in abstentia, George is found guilty of desertion and he is dismissed.
When George eventually does return to work, he is informed that he has been dismissed and that there is another person employed in his position.
Now here is the question – under these circumstanced did George desert and abandon his employment or was it just a case of his being AWOL. The question that the CCMA has to look at also is whether the reason for George’s dismissal was a fair one.
Well the argument goes along the lines of, when George did not return on the Monday after his weekend off, surely Mike must have considered the possibility that George was not able to sort his mother out and that is why he had been delayed in returning.
Mike on the other hand, did also not have anyone to fill George’s position and it was also the busiest time of the retail year. George did not contact Mike during the entire period that he was away and he also did not respond to any messages that were left on his cell phone. George’s response to why he did not contact Mike was that he was concerned for his mother and did not think to phone as Mike knew that his mother was ill.
Now here’s the thing – in order to find an employee ‘guilty of desertion’ there must be a very strong indication that that employee has no intention of returning to work. Clearly this is not the case here and the result of this is that Mike lost his case.
Desertion is defined as “desertion is distinguishable from absence without leave in that the employee who deserts his or her post does so with the intention of not returning, or having left his or her post, subsequently formulates the intention not to return. On the other hand, the AWOL employee is absent with the intention of resuming his or her employment.”
Next time we will have a look at a typical case of being AWOL (Absent without leave).
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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