MOTIVATION – Yes We Can

MOTIVATION – Yes We Can


By Nikki Viljoen of N Viljoen Consulting CC – February 2010

We’ve all heard these words at some point in our lives – hell, I’m sure that on occasion we have uttered them ourselves.  I know I have – in my youth when I entered some or other competition (usually sport for me) and I was up against someone who was really, really good, I would usually give myself a ‘pep’ talk of sorts that had the words ‘come on Viljoen – you know you can do it!’

So why am I telling you all of this?  Simple really – for your own good!  Ok, I’ll stop teasing and get down to it.

Somehow, when we are business owners, these words seem to fly out the window and we are left to our own devices, little puddles on the floor.  Scared witless, petrified that we will fail, that we will fall down, that we will embarrass ourselves and in doing so embarrass friends and family.  We take all the crap that the rest of society hands out like we are second class citizens in our own lives.

I don’t think that there is a day that goes by that we don’t have it thrown in our faces that businesses fail, the percentages of failed new start ups, the numbers flaunted in our faces and yet in the very next breath we are put under tremendously serious pressure when we are told that the economy is dependent on upon our success.  I mean what’s with that?  Why would you do that to somebody? Why would you put the weight of the world upon their shoulders and then just as they are about to take their first wobbly step out into the unknown you chop them off at the knees!

Oh and let’s not forget the big corporate companies, banks and even government who, stand on their soap boxes and pontificate to the world (and/or anyone who wants to listen) on how they are assisting the SMME (small, medium, micro enterprise) and/or the entrepreneur.  All the stuff that they give away such as money, training, freebies and what have you and yet, behind the scenes they are actually crippling and even killing small businesses, when they don’t pay invoices on time and pay 60 or 90 or 120 and even worse in some situations, which means in reality that the small business owner is ‘carrying’ the cash flow of the large corporate, on their shoulders.

What about the various banks who want to be ‘seen’ as doing everything for the SMME in terms of loans and guidance and whatever other words that they can sugar coat to get us to believe what they are saying, only to make it so difficult to qualify for anything that it’s easier to just, ‘go for it’ on your own because it’s a lot less hard on the nerves (not to mention the wallet) in the long run – oh yes, I’m sure they forgot to mention just how much you are going to pay for that ‘help’ that they so lovingly gave.

Often we are so bullied by our colleagues, our so called friends and family, who are just ‘looking out for’ us, that we begin to believe all the BS that get sprouted out of their ‘well intentioned’ mouths that we forget that we actually ‘can’ do it! 

Yes of course we can – actually we have been doing it from the moment we were born.  We have survived, we have grown (usually in length as well as in width *Sigh* as we have grown older).  We have learnt to crawl and learnt to walk and then to run, we have passed exams and played sport and learnt how to read and write and ride bicycles and ridden horses and learnt to drive a motor car, found ourselves a job and met and married the person of our dreams (or not) and had children of our own (or not) and gotten divorced and started our own businesses, which have succeeded or not and yet we have survived – often against all odds.

Let’s put it into a bit of perspective shall we.  There is this child, let’s call her Suzie – she is almost a year old and she is starting to walk.  Her family and their friends all clap when she takes a step or two, they all reach out to steady her if she looks like she is going to wobble or fall over.  They cheer and encourage her when looks like she is hesitating and they even praise her and tell her what a good job she is doing, even when she is actually falling flat on her face.  Here’s the important part – when she does fall flat on her face, they all encourage her to get back up and try again.

You don’t hear anyone saying things like ‘hey Suzie, this walking thing is overrated, most people never learn how to do it, why don’t you just give it a miss and let someone else carry you around for the rest of your life” or “hey Suzie, I don’t think this walking thing is for you, perhaps you should stick to crawling,” or “don’t you think you’re a bit young/inexperienced/wet behind the ears (insert your own issue here) to be doing this – perhaps you should wait a bit and learn from your peers or mentors” or my personal favorite “haven’t you learnt yet that you are going to get hurt – why do you continue to try?”

The worst of it is that by choice, we as SMME’s seem to take pleasure in surrounding ourselves with the very people who, in the name of ‘looking out for us’ are constantly putting us down.  We socialize with those, who have never owned their own businesses themselves and are therefore in no position to give any advice, and yet who constantly tell us how stupid, naïve, idiotic we are for trying to do this thing.  Why do we do this to ourselves?  Why, Why, Why?

The reality is that “YES WE CAN” do it.  We can be successful, we have more often than not been successful in the past, and you know what, even if we do fall over, make a silly decision, trust someone that we perhaps shouldn’t, we are survivors.  We can overcome any obstacle, we can get up again and go forward and the best of all, we can surround ourselves with positive people.  People who will encourage us, who will reach out and steady us when we wobble.  People who will praise us, even when we fall flat on our faces and who will reach out to help us up again. People who will be telling us why we can succeed not people telling us why we cannot.

More importantly, people who genuinely care, instead of corporates and governments and people, with hidden agendas, who care only about how they are ‘seen’ and what they are ‘seen to be doing’.

I, for one am going to be making a whole bunch of changes in my life this year.  I will be getting rid of whomever and whatever causes chaos in my life.  I am going to surround myself with people who are trying to make positive changes in their own lives and in the lives of others.  I am going to be walking away from friends, relatives and colleagues who don’t add any value to my life and concentrate on those who do and who I can add value to.

I am going to hang about with those who encourage me and who I can encourage.  Who will you be hanging out with?

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

MOTIVATION – Holding onto anger

MOTIVATION – Holding Onto Anger


By Nikki Viljoen of N Viljoen Consulting CC - June 2009

Rene Sinnya says that “Holding onto anger is like grasping hot coal with the intent of throwing it at someone else – you are the one that gets burnt.”

Man oh Man – that one certainly got to me.  You see, I have held onto my anger for years.  The only person that got hurt was me.  My days were spent in a red haze and my nights were spent with nightmares, where I heard bones break as I smashed the nameless, faceless, unwilling participants of my horrific dreams.

So how did that hurt me – simply hitting someone in my dreams did not hurt me (or them for that matter), in any way?

Wrong, wrong, wrong again!  Apart from anything else, the level of rest that I got during my sleep was seriously limited!

Being in a rage ensured that I was always tense, muscles clenched and bunched in knots.  The knots went all the way up my spine and up through my brain stem and this resulting in the most excruciating headaches and migraines and the bottom line was that my perception was always that the ‘glass was half empty.”

What about the objects of my anger – how were they affected.  Well I don’t think that they even remembered that I existed!  How cruel is that?

It took a while – it took a really long while, but I eventually learnt – to let go of the anger.  “Just let it go” said Vanessa, my mentor.  “How” was my standard reply.

Here’s the thing, if those that you are angry with don’t really give a rats bum, then what’s the point?  If they don’t even  realize that you exist – then really, what is the point?

It give me great pleasure these days, to watch the expressions on the faces of Johannesburg taxi drivers (or in fact any drivers) who look at me in astonishment as I smile and wave at them in direct response to their giving me ‘the finger’ in rush hour traffic!

It always brings a smile to my face.

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

MOTIVATION – Getting Past the Fear of Failure

MOTIVATION –  Getting Past the Fear of Failure


By Nikki Viljoen of N Viljoen Consulting CC – September 2010

This is a topic that I have covered before, however that said, it is something that has really come to the forefront in my life lately.  The other fear that I seem to constantly battle with is the fear of success.

Let’s look at this in a logical and unemotional manner.

Firstly – the fear of failure is a very normal emotion.  I promise you, you are not alone.  Everyone has, at some time or another had this fear.  Its how you deal with it that is important.

One of the ways to deal with the fear of failure, is to set yourself reasonable and effective goals.  Remember though that you need to keep your goals as bite sized chunks, so that they are easily attainable.

Here’s the thing – “We can only have one thought at a time” says Robin S. Sharma – the trick is to have the right thought.

I am currently reading “The Monk Who Sold his Ferrari” by Robin S Sharma and some of the advice that I have seen there, not only resonated with me – it blew me out of the water.  You see the whole book, (and I haven’t finished reading it yet) is around the fact that our minds control our thoughts and we should control our minds.  Our thoughts actually bring about our fears or failures or indeed, our successes and pretty much anything that we wish to achieve.

In this wonderful story the Sage (or teacher) says that even one negative thought is poisonous to us as individuals and that we, by controlling our minds and our thoughts’  can change these ‘negative’ thoughts into ‘positive’ thoughts that will serve us.  The reader is given exercises in visualization of the positive kind.  These exercises start at a few minutes a day and they progress from there.  There is also a section on ‘what to do’ when you have a negative thought.  It really is a wonderful book and one that I would really recommend to everyone.

Of course, like everything else in life, it is only in the repetitive actions of the individual, that the solution will take place – it’s not an instantaneous happening, but rather a gradual reformation, so don’t think that you can do the exercise once and then everything in your life is solved.  It won’t be, you have to repeat the exercise on a daily basis and you have to continue it for life.

Secondly, let’s have a look at the fear of success.  This is the one that bites me in the rear end on a regular basis.  I have spent all my life dreaming about my goals and when they finally arrive, I go into a kind of reverse action and my brain is flooded with thoughts of “I can’t do this because . . . “ or “I don’t deserve . . . .”!  Actually yes I do deserve – I have put in the work, I have sweated the blood and the reward is mine to enjoy.

Again, it is about controlling your thoughts and turning positive thoughts into successful actions.  Remember that a thought without any action is just that – a thought.  The thought needs an action in order for anything to happen.

The bottom line of course, is that it is up to you – they are your thoughts and you are the only person that can control them.

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

HR 101 - WHAT TO DO WHEN . . . . You Need Those Wall Charts

ARTICLE 40

WHAT TO DO WHEN . . . . You Need Those Wall Charts

By Nikki Viljoen of Viljoen Consulting CC August 2009

About 98% of the companies that I assess actually are not compliant in terms of the wall charts that are required to be displayed.

You see both the employers and the employees are required to be aware of and even understand the minimum requirements of the Basic Conditions of Employment Act, the Employment Equity Act and the Occupational Health and Safety Act.  It is a legal requirement to display these wall charts.  Not only are they required to be displayed, but furthermore they are required to be easily accessible to all staff.  Should the Department of Labour arrive at your office door and request to view these wall charts and you don’t have them, you may very well be in for a hefty fine.  So it really is a good idea to be proactive about this.

Here’s the thing though, although it is incumbent upon employers to comply with the Basic Conditions of Employment Act and/or the Employment Equity Act and/or the Occupational Health and Safety Act, employees also have a part to play in ensuring that their obligations are carried out.

In terms of the latest upgrades of the Employment Equity Act, Companies and Government Departments are required to compile equity plans and these too are required to be displayed on notice boards.  These plans also need to be discussed with the employees and/or their representative trade unions.  Some small businesses may be exempt from this, but the minimum requirements would need to be checked.

In terms of the Occupational Health and Safety Act, the minute 5 or more people are employed, there is a requirement to implement a health and safety structure in order to sustain  the well being of employees and you are further required to create a healthy and safe working environment.  Common sense though, should always prevail and whether you employ one person or one hundred, people have the right to work in a safe environment.

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

HR 101 - WHAT TO DO WHEN . . . . Restraint of Trade – Part 2

ARTICLE 39

WHAT TO DO WHEN . . . . Restraint of Trade – Part 2

By Nikki Viljoen of Viljoen Consulting CC August 2009

Following on from last week, we are having a look at a case of “Restraint of Trade” that was upheld by the courts.

In this instance, Mike our favorite protagonist works in a motor vehicle service centre where he does specialized diagnostic testing (let’s call them 123 Motor City).

Again, Mike is offered a position with a competitor ( let’s call them ABC Motor City), but this time he has been enticed across, not because of his work skills but in at attempt by ABC Motor City to gain access to the  internal processes of 123 Motor City as well as their client data base.

Again Mike is served with papers to appear in court as 123 Motor City attempt to invoke the “Restraint of Trade” clause.

This time Mike is not successful in defending the application due to (but not Limited to) the following.

•    Mike started at 123 Motor City fresh out of school.  All of his work skills and diagnostic training was gained when 123 Motor City sent Mike to college and workshops and training courses (and paid for these too).  123 Motor City was therefore able to distinguish between the proprietary to it and Mike’s general knowledge and skills.
•    Mike did posses information pertaining to 123 Motor City, that was of a confidential nature, and he had furthermore attended many in house training sessions and the result of this was that many of his skills and knowledge was specifically about the processes and systems and products of 123 Motor City.
•    As a direct result of this Mike was in possession of trade secrets and client information – both of which were of a confidential nature.  If Mike shared any and/or all of this information with ABC Motor City it could be used against 123 Motor City and also used to their disadvantage.


The bottom line was that as far as the courts were concerned, the fact that there was any risk whatsoever, of disclosure of confidential information, be it of 123 Motor City’s processes and/or product information and/or worth ethics and/or clients, any one of these was sufficient to justify the Court’s decision to prevent Mike from taking up employment with ABC Motor City.

The Court therefore enforced the Restraint of Trade clause.

So remember, be specific with what you want to prevent.  Be specific and realistic about the time that your want the restraint to be in force and always be fair.

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

Networking 101 - Knowling your purpose

THE POWER OF NETWORKING

PART 59

Knowing your purpose

By Nikki Viljoen of N Viljoen Consulting CC

How about knowing your purpose?  Do you know your purpose?  Don’t for a minute get confused!  Knowing who you are and knowing your purpose are two very different things.

If you don’t know your purpose, it will be extremely difficult to get other people to understand what it is that you are selling and/or what assistance it is that you need from them.

Knowing your purpose is more about knowing what you want to achieve for . . .  others.  Those others could be your clients, your friends and your family.  So – do you know what you want to achieve for others on a daily basis?

It’s about knowing what you would do if you didn’t have to work.  Think about that for a moment . . .  if you didn’t have to work, what would you do?  Would you still be the same person that you are right now, or would you do a 180 degree turnabout and become someone completely different.  You may become someone who no longer treats people with dignity and respect – you may become the second Mother Theresa or guess what, you may continue to be the person that everyone has come to love, because having money and not having to work, may actually leave you as the person you are now.

Knowing your purpose means that in all probability, you will leave your mark on this world when you leave it one day.  So what is your legacy?  What will your children and friends say that you have achieved in your life time and will they even know?

For me, knowing your purpose means that you have to have some idea about who you are and what it is that you are doing here, in this life time, before you can start telling people who you think they are? 

It’s about accepting some things because, they just are and it’s about making a concerted effort to change the things that need to be changed in your life and thereby changing the things in your world that need to be changed.  It’s about quietly going about your business and making a difference.

It’s about challenging yourself to be all that you can be, rather than all that everyone else thinks you should be.

It’s about being true to yourself.

It’s about being you . . .

So, how about it then, do you know your purpose?

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

Business Tips - Computer Shortcuts - Part 3

BUSINESS TIPS – Computer Shortcuts – Part 3


By Nikki Viljoen – Viljoen Consulting CC August 2010

Another fabulously positive responsive week I got last week.  Seems I am not the only one who doesn’t know all the shortcuts and tips.  Here are the next lot.

Next Up – Excel Shortcut Keys
F2    Edit the selected cell
F5    Go to a specific cell
F7    Spell check specific text and/or document
F11    Create Chart
Ctrl + Shift + ;    Enter the current time
Ctrl + ;    Enter the current date
Alt + Shit + F1    Insert new worksheet
Shift + F3    Open the Excel formula window
Shift + F5    Bring up search box
Ctrl + A    Select all contents of worksheet
Ctrl + B    Bold highlighted section
Ctrl + I    Italicize highlighted section
Ctrl + C    Copy selected text
Ctrl + V    Paste
Ctrl + D    Fill
Ctrl + K    Insert link
Ctrl + F    Open, find and replace options
Ctrl + G    Open go-to links
Ctrl + U    Underline highlighted section
Ctrl + Y    Underline selected text
Ctrl + 5    Strike through highlighted selection
Ctrl + O    Open options
Ctrl + N    Open new document
Ctrl + P    Open print dialogue box
Ctrl + S    Save
Ctrl + Z    Undo last action
Ctrl + F9    Minimize current window
Ctrl + F10    Maximize current window
Ctrl + F6    Switch between open workbooks/windows
Ctrl + Page up & down    Move between Excel worksheets in the same document
Ctrl + Tab    Move between two or more open Excel files
Alt + =    Create formula to sum all of above cells
Control *    Insert value of above cell into current cell
Ctrl + Shift + !    Format number in comma format
Ctrl + Shift + $    Format number in currency format
Ctrl + Shift + #    Format number in date format
Ctrl + Shift + %    Format number in percentage format
Ctrl + Shift + ^    Format number in scientific format
Ctrl + Shift + @    Format number in time format
Ctrl + ->    Move to next section of text
Ctrl + Space    Select entire column
Shift + Space    Select entire row
Ctrl + W    Close document

Again I knew one or two of these, but certainly not the majority and now of course I will also have to irritate the heck out of my IT guy by asking all the ‘what does . . . . . mean?”.

More next week.

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

MOTIVATION – Understanding Ourselves

MOTIVATION – Understanding Ourselves


By Nikki Viljoen of N Viljoen Consulting CC – June 2009

Carl Jung says “Everything that irritates us about others can lead us to an understanding of ourselves”.

I know that one of the lessons that I learnt in life at a very young age, is that the “cute” things that first attracted me to a potential love interest was also the first thing that irritated me to such an extent that I ‘fired’ their butts at the first opportunity.

It wasn’t until years later however, that I began to understand the reasons behind this.  You see it’s the things that others do that irritate me that I mostly need to change in myself, be it a physical trait or a mindset that needs a change or even a tweak.

For myself, the greater the irritation, the greater my own need for me to change something within myself.

From my blood pressure rising as I drive and try and negotiate the traffic in Gauteng, to losing my sense of humour as I watch in disbelief, yet another stupid advert.  The manner in which I react to any given situation reflects my attitude at the time as well as my choice (or lack thereof) to react in the manner that I have.

So the next time that you become irritated by something someone does or says – stop for a moment and think about why it is that you are irritated.  Look into yourself, into your heart and the very core of your being, and if you are honest - brutally honest with yourself, you will understand what it is about yourself that you need to change.

In that understanding, a decision is made and in that decision being made an action to change takes place.

In making that change, the direction of your life will also change and you will grow as an individual.

Who would have thought, that the irritating presence or irritating action of a person has brought about some of the most significant changes in my life!

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

MOTIVATION - Forgiving Yourself

MOTIVATION – FORGIVING YOURSELF


By Nikki Viljoen of N Viljoen Consulting CC

It is said ‘that it isn’t always enough to be forgiven by others. . . . sometimes you have to learn to forgive yourself.’

This for me, in my personal capacity has to be one of my greatest challenges, and what often makes the challenge even greater is that often my transgression, is something that is only my perception!

In my experience, people are far harder on themselves than anyone could actually be on them.  It is for this very reason that I tell most of my clients to let their staff perform their own Performance Appraisals – basically what that means is that they rate themselves.

I have yet to see a staff member rate themselves higher than what their bosses rate them and this is because the actual physical action of performing the appraisal makes them think about what they do and how they perform their duties.  It makes them look at who they are and what they do, from a totally different perspective.

The outcome usually, is that they rate themselves far lower that what their employers rate them, and with the higher ranking from the boss, comes a different appreciation and respect for their bosses, which usually means a half way decent relationship between the employer and the employee – at least for a little while.

What is also very important to remember though, is that the employer now needs to work on taking that staff member’s lack of self esteem and turning that into something that is positive and that becomes a win/win situation for both parties.

It does highlight however, that as individual we are really very hard on ourselves – harder on ourselves than any other person and that most of our transgressions are perceptions in our own minds.

That said, I am still challenged by looking at my own demons and finding forgiveness for myself, by myself.  I have discovered though that my demons are often quieted when I give myself credit for the things that I have accomplished and the good things that I have achieved.

So perhaps, therein lies the solution.

Remember to heap accolades and praise upon your head, for each and everything that you achieve or do well. Not just the big things, but the little things too.  Things like every appointment that you make on time, each telephone call that you return when you say you will, each deadline that you meet and each and every person, in whose life, you make a difference.

Remember, you are the architect  of your own life.  Let that life be full of laughter and joy and yes . . . .  even your own forgiveness.

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

MOTIVATION - Failure & Opportunity

MOTIVATION – Failure & the Opportunity


By Nikki Viljoen of N Viljoen Consulting CC – April 2010

Hands up who loves to succeed?  I can see everybody’s hand shoot up.  Soooo – hands up who loves to fail?  Go on, who loves to fail?  Nope, not a hand in sight.  Yet think about this for a moment – we all know the Oscars are what actresses and actors strive to win for their performances in the movies and yet the other day I saw Sandra Bullock graciously accept a Razzie award (for the worst performance) for her acting in a film (ironically she also got the Oscar for the same role in the same movie – but then the Americans have always confused me anyway).

As far as I know, the movies (and perhaps Idols) are the only place where participants are given the ‘worst’ award.  Why is this do you think?  Well, I think it is because as children we are taught to succeed and in order to succeed we cannot and must not fail.  Well the word ‘fail’ is also a four letter word and in some households, being competitive is a way of life.  Sadly many children grow up thinking that if they don’t succeed then they have failed and as I am sure you can imagine, this produces its’ own share of nightmares.

What about if we look at so called ‘failure’ from a different perspective?  What about if we look at failure as an opportunity, not only to succeed in the future, but also as a ‘learning curve’?

Look, I’m not talking about looking at all types of failure as a good thing.  Let’s be reasonable here – imagine if you will, you lying on the operating table, about to undergo a heart transplant, and the surgeon walks in and says “oh by the way, I am not a qualified surgeon, I failed all of my exams, but I am using this opportunity of cutting into you, as a learning curve and perhaps it will allow me to pick up my grades and qualify!”  That’s just not good at all!  No I’m talking about the everyday things that we fail at and then beat ourselves up about and yes, I’m even talking about failure of businesses or business ideas.  Where those particular failures can be turned around and become huge successes.  I’m talking about the way we look at things and how we react to what it is that we have looked at.

For many of us growing up, failure was not a word in our dictionaries, or in our vocabularies and it was certainly not something that we even considered.  Yet it happened on a daily basis.  I remember being about 8 years old or so, at boarding school and being picked for a team the first time – we were playing rounders during the 10am midmorning break.  Now I have a problem judging distances, so trying to hit a tennis ball with a bat no thicker than a cricket stump, was a huge challenge.  Needless to say I was never picked, voluntarily, again.  This really suited me as it was not a game that I enjoyed and I was much happier sitting high up on a branch of my favorite tree, reading my book.  Children, being who they are though, thought that this was absolutely terrible and they teased me relentlessly about the absence of my ‘batting’ skills.  Right through junior school I was left out of the line up of any type of game that involved either a ball or a bat and I was repeatedly told how ‘useless’ I was, by kids and teachers alike.  How crazy is that and how absolutely damaging it could have been for me.  Fortunately, being an introvert and a loner, I was not really too interested in being part of the ‘gang’ and went about my business.  Here’s the thing though – I may not have been very good at hitting a ball with a bat, but my senior school days brought out a different side of me and I did well enough on the track in high jump and long jump.  I never won anything mind you, but that also never bothered me because for me it was about the enjoyment of the sport not in the winning.

So how about if we looked for the opportunities in the failure?  Things like if ‘we did this in a different way’ or even ‘clearly this is not our thing in life – let’s look at what else is available’?  What about if we looked at failure as an opportunity to ‘learn’ something new, or learn about ourselves or indeed, learn more about the product and/or service that we offer?  What if in that failure and in the ‘learning’ we improved upon what it was that we had failed at? What if in that ‘learning’ we discovered something even better and grander and we became even more successful than we ever could have been with what we failed at – would we then still be considered’ failures’?

I don’t know!  What I do know though, is that we are often so hard on ourselves that the damage that we do to ourselves is often irreparable.  So instead beating up on ourselves, let’s look at the opportunities that our so called failures have brought and rather get on with the living of life. 

Learn the lesson by all means, but then let it go and live!

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

HR 101 - WHAT TO DO WHEN . . . . Restraint of Trade – Part 1

ARTICLE 39 – PART 1

WHAT TO DO WHEN . . . . Restraint of Trade – Part 1

By Nikki Viljoen of Viljoen Consulting CC August 2009

There has been a great deal of speculation about “Restraint’s of Trade” in an Employee’s Letter/Contract of Employment.

Here are some of the facts:-

•    Our constitution states that we have a right to work.

•    The courts will only enforce a “Restraint of Trade” agreement on a case-by-case basis.  Each case is looked at specifically and individually.

So the bottom line is that there is no hard and fast rule.

Here’s the story.

Our favorite protagonist, Mike works as a program developer in ABC IT Solutions.  Mike has a contract of employment that has a restraint of trade clause that specifies that Mike cannot work for a competitor for a period of 24 months.

Mike, after working for the company for a period of 5 years, is offered a senior position, with a whole lot of additional items in his package, with a competitor (let’s call them XYZ IT Solutions).  ABC IT Solutions refused to even discuss matching what was offered to Mike and Mike decided to leave and join the  XYZ IT Solutions.  ABC IT Solutions decided to invoke the Restraint of Trade clause and Mike is presented with documents to appear in court.

Here’s the thing – Mike is changing employment to better himself, he is not changing employment to transfer company skills and to transfer information to his new employer.

In this instance, Mike already had his skills when he joined ABC IT Solutions, therefore his skills and ‘Know How’ are vested in himself rather than in ABC IT Solutions.

Furthermore his contract of employment is not specific at all – Mike has not been stopped for working in a specific demographic area or geographic area but rather has been stropped from working anywhere for a period of two years.

XYZ IT Solutions have their own client base and if view of the kind of product and/or service that they sell, their target market is similar but not exactly the same as that of ABC IT Solutions.

Mike’s ability to program software in direct response to the client’s needs and specifications, means that he is not taking any trade secrets or confidential information with him – he is using his own knowledge and Intellectual Property.  The knowledge that Mike has is quite generic to the trade, his ability to interpret the client’s request however and his ability to provide software that solves client’s problems at an affordable price, is unique to himself.

In this case, Mike won his case as the court decided that:

•    The restraint of trade was too broad and not specific.  To uphold it would mean that Mike would not be able to work in his profession, anywhere in the world, for a period of two years.
•    The knowledge and skills that Mike has, are his own and do not, in any way constitute any kind of trade secrets or confidential information that may belong to the Company.
•    ABC IT Solutions could not isolate what its Intellectual Property was or even differentiate between what was theirs or what belonged to Mike.

Next week we will look at when a Restraint of Trade was upheld.

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

HR - WHAT TO DO WHEN . . . . South African Working Outside of South Africa

ARTICLE 38 – PART 2

WHAT TO DO WHEN . . . . South African Working Outside of South Africa

By Nikki Viljoen of Viljoen Consulting CC August 2009

To follow on from last week – in this instance, Mike, our favorite protagonist works in a branch of a South African company, we will call ABC Consulting, in Kenya.

Like many companies throughout the world, ABC Consulting in Kenya found itself in trouble because of the recession and it was forced to retrench its staff.

Fortunately for Mike, the proper procedures pertaining to retrenchment were not followed and no negotiations were entered into.

Mike referred the case to the Labour Court here in South Africa.

The Labour Court decided the following:

•    Both Mike and the Head Office of the Company, were based in South Africa, therefore South African Labour Laws applied.
•    Both Mike and ABC Consulting had agreed that the employer’s (South African) policies would apply
•    ABC Consulting had not approved and/or adopted Kenyan Law or their Labour Relations Act in any other part of the business.
•    Both Mike and the CEO of ABC Consulting had been under the impression that the contract was enforceable under South African Law, when they signed the contract

Therefore  South African Labour Law had jurisdiction and Mike won his case.

In this particular instance, Mike was awarded damages for ABC Consulting’s breach of contract as well as relocation costs, his share options, accrued profit shares, salary, notice pay, leave pay and his severance pay.  In addition to all of this, Mike was also awarded compensation to the value of 12 months pay.

A very expensive lesson for ABC Consulting, I am sure you will agree.

So be sure that you know exactly what the legal requirements are if you are a ‘foreign’ company or if you are a South African Company with branches in other countries, it could be your saving grace.

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

Networking 101 - Branding who you are

THE POWER OF NETWORKING

PART 58

Branding who you are.

By Nikki Viljoen of N Viljoen Consulting CC

Do you know what you stand for? Well . . . . . do you?

What is it that you represent? What do you stand for? When you walk away from a conversation – do you leave a part of yourself behind? What about an e-mail or an sms – when you send one, does it contain something that reflects who you are and what you represent?

When you enter a room – do people notice you? Well . . . do they?

I’m sure you’re wondering “what’s with all of the questions?” It’s about branding who you are.

You see, I’m ‘in love’! I can just see all of you who know me, fall laughing to the ground! Ok you can get up now!

Yes I am, I am in love! I am in love with what I do. I am crazily, passionately in love with what I do - and that shows.

It shows in my energy. It shows in every conversation that I have regarding work and even if it is a conversation that has nothing to do with work - it shows. It shows because I live to do what it is that I do!

How fabulous is that!

It shows in every e-mail that I send out. It shows every time I enter a room.

It just shows!

So, I ask again – do you know what you stand for?

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

Business Tips - Computer Shortcuts - Part 2

BUSINESS TIPS – Computer Shortcuts – Part 2


By Nikki Viljoen – Viljoen Consulting CC August 2010

What a fabulously positive response I got last week.  Seems I am not the only one who doesn’t know all the shortcuts and tips.  Here are the next lot.

Next Up – Word Shortcut Keys
Ctrl + A    Select all contents of the page
Ctrl + B    Bold highlighted selection
Ctrl + C    Copy selected text
Ctrl + X    Cut selected text
Ctrl + N    Open new blank document
Ctrl + O    Open options
Ctrl + P    Open to print window
Ctrl + F    Open find box
Ctrl + I    Italicize highlighted section
Ctrl + K    Insert Link
Ctrl + U    Underline highlighted selection
Ctrl + V    Paste
Ctrl + Y    Redo the last action performed
Ctrl + Z    Undo last action
Ctrl + G    Find and replace options
Ctrl + H    Find and replace options
Ctrl + J    Justify paragraph options
Ctrl + L    Align selected text or line to the left
Ctrl + Q    Align selected paragraph to the left
Ctrl + E    Align selected text or line to the centre
Ctrl + R    Align selected text or line to the right
Ctrl + M    Indent the paragraph
Ctrl + T    Hanging Indent
Ctrl + D    Font options
Ctrl + Shift + F    Change the font
Ctrl + Shift + >    Increase selected font + 1
Ctrl + ]    Increase selected font + 1
Ctrl + Shift + <    Decrease selected font – 1
Ctrl + [    Decrease selected font – 1
Ctrl + Shift + *    View or hide non printing characters
Ctrl + <- br="" left="" move="" nbsp="" one="" the="" to="" word="">Ctrl + ->    Move one word to the right
Ctrl + (arrow up)    Move to beginning of the line or paragraph
Ctrl + (arrow down)    Move to the end of the paragraph
Ctrl +  Del    Delete word to right of cursor
Ctrl + Backspace    Delete word to the left of cursor
Ctrl + End    Move cursor to the end of document
Ctrl + Home    Move cursor to the beginning of the document
Ctrl + Spacebar    Reset highlighted text to default font
Ctrl + 1    Single space lines
Ctrl + 2    Double space lines
Ctrl + 5    1.5 space lines
Ctrl + Alt + 1    Change text to heading 1
Ctrl + Alt + 2    Change text to heading 2
Ctrl + Alt + 3    Change text to heading 3
F1    Open help
Shift + F3    Change case of selected text
Shift + Insert    Paste
F4    Repeat last action performed (Word 2000+)
F7    Spell check selected text and/or document
Shift + F7    Activate the thesaurus
F12    Save as
Ctrl + S    Save
Shift + F12    Save
Alt + Shift + D    Insert the current date
Alt + Shift + T    Insert the current time
Ctrl + W    Close the document

Again I knew one or two of these, but certainly not the majority and now of course I will also have to irritate the heck out of my IT guy by asking all the ‘what does . . . . . mean?”.

More next week.

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

Motivation - Understanding that we are all Role Models

MOTIVATION – Understanding That We are All Role Models


By Nikki Viljoen of N Viljoen Consulting CC

For the record, whilst I do understand that we are all role models in our own right – this particular subject makes me extremely nervous on a personal level.

Let me explain why, so that you too can be aware of it and then we will move forward on to the ‘understanding that we are all role models’.

Being a role model is not a difficult thing at all.  We have all ‘looked up’ to people in our lives.  We have all, at some point or another followed someone’s way of thinking or doing or looking.  That in itself is a healthy thing and not bad at all.  It’s when someone ‘hangs’ onto your every word and actually almost (if not in fact) ‘hero worships’ you or puts you onto the proverbial pedestal.  This is where it actually goes pear shaped!  You see at some point you are going to fall off that pedestal and when that happens there is usually a great deal of hurt and anger and animosity.  You didn’t put yourself onto the pedestal and yet you are the person who gets blamed for falling off the damn thing!  So now you know why I get very nervous when people want me to ‘mentor’ them, it actually makes me want to run in the other direction.  For the South Africans amongst us – remember Hansie and all the emotion, disbelief and anger that came out of that one (myself included).  Putting people onto a pedestal is not a good thing at all – they are after all . . . just people.

So now, let’s have a look at ‘Understanding That We are All Role Models’.

It’s often a really frightening thing to know that someone out there looks up to us as a role model.  Can you imagine someone really wanting to be us, or wanting to live the life that we have.  I often hear people saying things like “Nikki, I would love to have your energy” or “Nikki I would love to be able to Network the way you do.”  My usual response is to either growl at them or if I am in a really good mood, explain that it is all in the choices that they make.

Don’t get me wrong, it’s not that I don’t think that I am good enough for someone to want to emulate, or that I am not proud of my achievements.  I also understand on some level that I do make a difference in the lives of many people – that’s a choice that I made many years ago – to make a difference, and for me that is very exciting as it opens up all sorts of opportunities for me.  What scares me the most is that I consider myself a ‘work in progress’ and I am continually working on the person who I am and who I want to be.  I cannot control how quickly (or slowly for that matter) I change or evolve and now I have to consider the people who are trying to keep up with me.  The mind boggles!

What is equally if not more scary is that this is how people, supposedly intelligent people, follow other people into all sorts of disgusting, horrible and often even purely evil, avenues of life.  Think about all the gangs, rip off artists and scammers, or cults and then what about the leaders of this world – people like Hitler and Robert Mugabe and Idi Amin.  Believe it or not there are still those amongst us, yes they walk amongst us, who still think that these people are heroes.

On the flip side of the coin, this is also the avenue that we can make the most difference and how exciting is that.  It also, in my opinion, makes us responsible for the way that some people see the world and how they will ultimately act in the world and how they will behave in the world and quite honestly that makes me feel really proud, especially because it is as a direct result of me . . .  well just being me.

How incredible is that?  It means that I, little old me, will have either a positive or a negative effect on someone in the world today. It makes me responsible for the way that I interact with people (oh dear, now that means I have just kicked my own rear end), it means that I have to be careful of the choices that I make today because someone else is watching what I am doing because what I do will influence what they say, or think or do.

Just writing this piece has made me realize just how much more aware I need to be, on the daily choices that I often make without even thinking.

This knowledge and awareness makes me understand that I can literally change the world, one person at a time, and that’s really cool.  It’s a big responsibility and I still have no desire to step onto the pedestal, but it’s also really mind blowing to understand the power that I have and that you have too.

The question remains however – what are you going to do with your power today?

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

Blogging 101 - Focus on your readers

BLOGGING TIPS – Focus on Your Readers


By Nikki Viljoen – Viljoen Consulting CC April 2013

This is most definitely a case of “Do as I tell you and not Do as I Do!”

Let me explain . . .

You see I started out writing my blogs for my own gratification, my own enjoyment.  Not for the enjoyment of anyone other than myself.  Sounds really selfish, doesn’t it?  But that is the honest truth!

Now most folk will tell you that you need to focus on what your readers want to read about, not what you necessarily want to say and yes, they are usually two very different things. Pretty much like when you are doing the research on what you are going to sell (be it product or service), you need to ascertain what people want rather than what you think they need.

The reality of the situation is that no-one really cares about what you think or indeed what it is that you have to say, unless of course it happens to be what they want to hear or have a need to hear (and yes those are also two very different things to).  If you don’t give them what they want, they will just go somewhere else to get it – yip, people are pretty fickle like that.

Fortunately though, what I wanted to write about because generally it was something that I had just learnt and was excited about and just wanted to share – or alternatively, something that I needed to hear, was also something that most SMME’s (small, micro, medium enterprizes) wanted to read themselves.  I am just lucky that it turned out that way.

That and the fact that I have penned in excess of 1300 articles, makes me believable, especially when they read an article and it resonates with them – the general consensus then is that I must know what I am talking about, so they read another one and so on.

The fact of the matter is that if you are looking to earn money out of your writing, it has to be about the reader – you have to pander to their every need.  You have to strike a chord in them or challenge them or give them righteous indignation – something that makes them think about what you are trying to say that they either wholeheartedly agree with or they completely disagree with.  If it is the latter you need to hope that they are indignant enough to respond to you in some way that will open up a discussion.

Fortunately for me, my blogs (and yes even the business ones) are generally presented in the form of a story, and it’s in the ‘telling’ of the story that I am most successful.  You see, I am a person who sees the words in pictures and when I read I have this whole video thing going through my mind as the words conjure up the most colourful pictures and when I write, I tend to write in the same way.  The words produce pictures in my mind and this is what people tend to grab a hold of. Those pictures in their minds have more impact on the story being told or the lesson that is being learnt than just a bunch of facts and figures would have and this gives the words (or the lesson) great value. 

People usually appreciate getting good value for money and they appreciate it even more if they get the ‘great value’ without having to pay anything, including the usual ‘school fees’ that come with starting a new business or going on your own.

Me, well I don’t really care one way or the other – you see my words give me the greatest value and the most enjoyment, and there’s nothing more that I could actually want from them. The fact that they also make a difference in the lives of others . . .  well that’s just a hidden bonus for both the reader and me!

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

Blogging 101 - The Harsh Reality

BLOGGING TIPS – The Harsh Reality


By Nikki Viljoen – Viljoen Consulting CC April 2013

I was asked the other day by my Life Coach what it is about blogging that I find so addictive, having penned over 1300 articles.  I must admit I had to stop for a moment and think carefully about my answer and I am so glad that I did.

You see I have been struggling for some time now to get articles written.  It’s not for a lack of material you understand (I probably have enough material to keep me writing an article a day for the rest of my life and beyond).  The problem for me is a lack of time, or rather to be completely honest with myself (as well as you lot) and more to the point, a lack of organizing my time!  There . . . . I’ve said it!

I have on many occasions stated that I often write about what I most need to hear and this is again one of those instances.  I am ashamed to say that I have become a procrastinator of note!  Shocking hey!  To the point that every time I see an article about procrastination, I hastily file it without even opening it – now that’s just me being a huge coward on top of everything!

The really sad thing about all of this is that on some level I have to write every single day (and I am not talking about Policies and Procedures here either) in order for me to be fulfilled – it is my one creative outlet and I know and understand that if I don’t write and express myself and dig down deep into the core that is essentially me – well then I don’t grow and if I don’t grow  - well a part of me dies!  That sounded quite melodramatic don’t you think?

So what happened – why is it that I have not been writing every day – the simple answer is . . . life.  I have allowed the everyday clutter and clatter to creep into what is fundamentally time that should be sacred to me.  The ‘slap upside the head’ for me was yesterday when I had a meeting with a client who wants me to mentor him and we were discussing time constraints and how we would fit it into our respective diaries and he said “I know that on a Friday you like to catch up on your admin and that you like to take some time for your ‘dream time’, so let’s have the meeting on a Friday.”  My ‘knee jerk’ reaction to that was – Noooooooo!  Actually, now that I have really thought about in (in the writing of this article to be exact), the answer is still a resounding “No!”

I have to take back my ‘me’ time!  I have to get back into the habit that was mine for so long, where writing an article was part of my daily stuff – the daily stuff that matters.  I have to get back to doing what is best for me, in order for me to grow as a human being and an individual.

So if you are going through the same dilemma, understand it is about facing the ‘time thief’, even if that is you and taking control of your life.

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

HR 101 - WHAT TO DO WHEN . . . . You Are A South African Working In A Foreign Embassy

ARTICLE 38 – PART 1

WHAT TO DO WHEN . . . . You Are A South African Working In A Foreign Embassy

By Nikki Viljoen of Viljoen Consulting CC July 2009

As you probably know, an Embassy is, according to international law, considered to be on foreign soil.  Therefore it you are a South African working in an Embassy you would be governed by the Labour laws of that particular country.

This however, does not apply to companies or branches of companies that are based in South Africa.

Here’s the story.

Mike is the Managing Director of a Foreign company in South Africa, whose Head Office is in the USA.

The USA Head Office officials decide that they do not like Mike’s management skills and he is dismissed without any kind of warning.  Mike refers his dismissal to the Bargaining Council.

The USA Head Office officials retaliate by stating that the Council has no jurisdiction because it was the Head Office in the USA, who dismissed Mike and not the officials that reside in South Africa.
The arbitrators are called in and it is decided that the Bargaining Council do have jurisdiction because of (but not limited to) the following issues.

• Although the Company’s Head Office was  in the USA, Mike was employed in the South African branch.

• The employer had to pay Mike’s legal costs.

Mike won his case, since the dismissal procedures, which apply to South Africa were not complied with.

Next week we will have a look at South Africans working in Foreign countries.

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

Networking 101 - You have to focus on YOU to

THE POWER OF NETWORKING

PART 57

You have to focus on You too

By Nikki Viljoen of N Viljoen Consulting CC

Do you focus enough on you?  Strange question you may think, but here’s the thing. 

It  is always a good thing to focus on the other person at the right time, in fact it is critical to focus on the other person at the right time.  Having said that, first of all you need to understand yourself.  You need to understand who you are, what the difference is that you make.  What it is that you do, how you do it and why other people need whatever it is that you are selling.  You need to understand that your credibility needs to be intact and that you can and do meet the deliverable requirements.

Nick Heap calls this Your Core Process, whilst Roger Hamilton calls this “Being in your flow”.  Penny Power who is the founder of Ecademy (www.ecademy.com) calls this Emotional Understanding of your Self, your Emotional Wealth. 

Whatever you call it, it needs to be done and established before you start networking, or enter into any kind of networking discussion with anyone – if you want to come across as a ‘real’ person or the genuine article.

So take some time out, sit down with yourself and have a ‘heart to heart’.  Ask yourself the question – who are you?  What difference do you make, and if you don’t know, ask yourself what difference is it that you would like to make?  Be honest with yourself (and that does not mean that you have to beat yourself up).  Set yourself some realistic goals and when you know which direction it is that you are going in – so will the people that you engage with, believe me!

The time that you invest in yourself, will always yield far greater returns than the time that you don’t.
            
Nikki Viljoen is an Internal Auditor and Business Administration Specialist and she can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

Business Tips - Computer Shortcuts - Part 1

BUSINESS TIPS – Computer Shortcuts – Part 1


By Nikki Viljoen – Viljoen Consulting CC July 2010

Wow! Wow! And Wow again!  By now you all know that I am a bit of a technophobe, mainly because I don’t know and/or understand the technical terms and having grown up using a typewriter (and yes I learnt on one of those old fashioned ones that you had to use the leaver to turn up a line), the shortcuts that we have on a computer up to now have just been more than I could cope with.  Hell I only learnt how to cut and paste a year after I started my business – before that I just typed everything out every time (just as well I am pretty fast and accurate with typing on a keyboard hey!)

Anyway, I found this whole thingymabobby that gives lists and lists of shortcuts so I will be sharing this with you over the next couple of weeks.  Please note though that this does not mean that I understand all of the jargon – hopefully you guys and gals understand more than I do.

First up – Basic Shortcut Keys
Alt + F    File menu options in current program
Alt + E    Edit options in current program
F1    Universal help (for all programs)
Ctrl + A    Select all text
Ctrl + X    Cut Selected Item
Shift + Delete    Cut Selected Item
Ctrl + C    Copy selected item
Ctrl + Ins    Copy selected item
Ctrl + V    Paste
Shift + Ins    Paste
Home    Go to beginning of current line
Ctrl + Home    Go to beginning of document
End    Go to end of current line
Ctrl + End    Go to end of document
Shift + Home    Highlight from current position to beginning of line
Shift + End    Highlight from current position to end of line
Control +  <- a="" arrow="" at="" br="" left="" move="" nbsp="" one="" pointing="" the="" time="" to="" word="">Control + -> (arrow pointing right    Move one word to the right at a time

Now that wasn’t so bad – I must admit that although I did know some of these – many I didn’t.

Then -  Microsoft “Windows” Shortcut Keys

Alt + Tab    Switch between open applications
Alt + Shift + Tab    Switch backwards between open applications
Alt + Print + Screen    Create screen shot for current program
Ctrl + Alt + Delete    Reboot/Windows Task Manager
Ctrl + Esc    Bring up Start Menu
Alt + Esc    Switch between applications on taskbar
F2    Rename selected icon
F3    Start find from Desktop
F4    Open the drive selection when browsing
F5    Refresh contents
Alt + F4    Close current open program
Ctrl + F4    Close window in program
Ctrl + plus key    Automatically adjust widths of all columns in Window Explorer
Alt + Enter    Open properties window of selected icon or program
Shift + F10    Simulate right-click on selected item
Shift + Del    Delete programs/files permanently
Holding Shift During Boot-up    Boot safe mode or bypass system files
Holding Shift During Boot-up    When putting in an audio CD, will prevent CD player from playing.

Again I knew one or two of these, but certainly not the majority and now of course I will also have to irritate the heck out of my IT guy by asking all the ‘what does . . . . . mean?”.

More next week

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

MOTIVATION – Unleashed Imagination

MOTIVATION – UNLEASHED IMAGINATION


By Nikki Viljoen of N Viljoen Consulting CC

Today’s quote comes from William Arthur Ward who says “Nothing limits achievement like small thinking; nothing expands possibilities like unleashed imagination.”

How’s that for a mouthful of absolute truth!  We have an ad-campaign running here at the moment (although I forget what the product is) that has a young child saying something along the lines of “they say we should think of out the box!  I say throw the box away!”  The first time I heard it, I was astounded – not only by the words, but by my reaction to them!  You see as an Internal Auditor, many people out there think that I should dress a certain way and behave a certain way, much like a character in some soap opera.  It is their perception of how an ‘auditor’ should be.  I have never fitted into that particular box and I have no intention ever, of fitting into any kind of box, for that matter. 

I have always stated that I ‘think outside the box’ and yet here was a totally new concept!  Throw the box away!  How cool is that?  Not having a box to be inside or outside of meant, for me, that much more opportunity.  The mind boggled – well mine did anyway.

I guess that when most people say  that you need to ‘focus’ on the business, they mean always keep your mind on your business.  But what if . . . .  what if, we didn’t so much focus on the business, but rather take the focus off the business and we just allowed ourselves to see and I mean actually see what opportunities there are out there?  Remove the box from our vision, take the blinkers off or however you want to say it – but really look at the different ways that we could collaborate or form joint ventures or work opportunities!

For me it opens up a whole different view – this last week has seen me collaborating with Personal and Business Coaches, and mentors as well as graphic designers and power point facilitators.  I am doing trade exchanges with web designers and IT guru’s and Media people.

Now suddenly the more I look around me, the more opportunities I see.  The more opportunities I see the more my imagination finds ways for me to become involved, the more I become involved the more I am inspired.

So fire up your imagination, lose your blinkers and kick the box out of the way – there is more than enough to go around and there is no reason at all, for you not to have a share.

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

Blogging 101 - Where else to look for ideas - Part 8

BLOGGING TIPS – Where Else to look for Ideas – Part 8


By Nikki Viljoen – Viljoen Consulting CC March 2013

Last time we looked at the opportunities around Free Writing, the Movies, reading Fiction and Nature, for inspiration or ideas for articles of interest that pertain to your particular passion.  Today we will have a look at a few more.

1.    Quirky Facts
Having been in business now for 11 years this year (yes I am one of those good statistics that we hear about from time to time), I have encountered several ‘strange but true’ incidents and often write about them.  Some of them are hilariously funny and I often find myself giggling away as I recount the story, but sadly some of them do not have happy endings and I feel a profound sense of sadness when I tell these stories because they more often than not tell of loss – so yes some of my clients have lost their businesses, their relationships and their livelihood.  Both kinds of stories however, are told not to gloat or because I want to embarrass anyone, but rather to illustrate what can and often does happen, so that these particular types of results can be avoided where possible.  Obviously it would not be a good idea to ‘name and shame’ anyone, so the identity of the client or real life protagonist is always kept confidential – but their stories are told and hopefully they serve to prevent similar types of issues from reoccurring.

2.    Stating the Obvious
Just because I have made a statement, what feels like a million times and in my mind every person on the planet has heard it, the reality is that there are still many more out there who haven’t!  Just like I always tell people not to ‘assume’ stuff, so should I listen to my own advice and make the statement again! The reality is that there will be someone out there who hasn’t heard the statement yet and who in all probability, is in desperate need of hearing it.  So go back to the beginning, to what are the ‘ground roots’ or the cornerstone of what people need to know.  It may feeling like you are caught up in or stuck in a ‘ground hog’ kind of situation, but you will most certainly be assisting someone.

3.    Taking a break
When all else fails, I put my pen down or switch the computer off and spend some quality time with my kittens.  I tickle their tummies or scratch their ears and under their chins and just revel in the marvel of unconditional love and trust that my animals bestow upon me.  They never cease to bring a smile to my face or give me pause to chuckle at their antics and even on occasion to squeal when my youngest unmarried daughter of the feline furry persuasion bites my toes or nips at my ankles, in her own little attempt to get my attention.  Often the distraction is all that was needed to take my attention away from the frustrations at hand and I am able to once again focus and get on with what needs to be said and done.

We are at the end of this particular series and I hope that these tips have provided you with some inspiration when you have those moments where your mind is a blank and you feel that there is nothing to write about.

Remember, as much as you may need to get that article out there, you also need to enjoy yourself, so as always “Happy Writing” and don’t forget to have fun!

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

HR 101 - WHAT TO DO WHEN . . . . Your Staff Member Steals From You

ARTICLE 37

WHAT TO DO WHEN . . . . Your Staff Member Steals From You

By Nikki Viljoen – N Viljoen Consulting CC – July 2009

Did you know that there are certain circumstances, when you can actually get remuneration from an employee’s pension payout, when they steal from you?  I must admit that until I did the research, I didn’t know that!  Here’s the story.

Mike owns a retail store in a busy mall and George is one of his salespersons.  Mike has been noticing that stock is slowly but surely going missing and his level of shrinkage is growing month by month.  Mike implements added procedures such as daily stock counts in an effort to sort the problem out.  As luck would have it, Mike catches George red handed (so to speak) as Mike watches, he sees George hide an expensive tie inside of his shirt and then walk out of the door to be met by someone down the corridor.  Mike follows at a discreet distance and watches as George removes the tie from his shirt and hands it to the other fellow.  As the fellow hands George money, Mike makes his presence known and catches George before he can run.

George is embarrassed at being caught and admits to have been stealing for a long time. Under Mike’s watchful eye, George writes out the incident report about ‘how’ he stole the tie.  Mike calls in the police and again insists that George make a statement about what he has stolen and George admits to stealing stock to the value of around R20 000 – this is documented.  Once the statement has been written, signed and witnessed, Mike gets a certified copy and is given a case number. 

Mike then holds a disciplinary in ‘Abstentia’ (remember George is locked up), George is found guilty of theft and dishonesty and he is dismissed.  Although George in this instance is not entitled to notice pay, he is still entitled to any leave that may be owing to him and also there is his pension fund. Mike pays  all the outstanding leave pay and monthly pay (up to and including the last day that George worked for the month) into George’s account and notifies the Pension Fund administrators that George is no longer employed by the company and that they should calculate his pension payout.

Mike also advises the Pension Fund Administrators that George has been dishonest and that he has admitted to theft and gives them a copy of the admission of guilt.  The Pension Fund Administrators are obliged to give Mike R20 000 out of George’s pension payout, prior to them paying the balance out to George.

Mike has followed the correct procedures.

The law you see, is actually quite fair as long as the correct procedures are followed.

Be aware though that had Mike not ‘driven the process’ himself, the Administrators would not have just automatically paid him out, out of George’s pension payout – Mike had to advise them that this is what he was entitled to and give them the documentary evidence that they required.

Please make sure though that you have a signed copy of admission from the employee, stating that they have been dishonest, or that they have stolen, or that they have committed fraud or that the loss experienced by the company was as a direct result of their ‘misconduct’.  Make sure that you get some sort of value on what has been ‘lost’ or that there is a judgment against them for the loss that you have incurred.

Don’t try and do this if the charge against the employee is merely one of ‘negligence’ – there has to be an actual loss and the loss has to be a result of dishonesty and oh yes, an unsigned e-mail or an ‘SMS’ is not sufficient proof.  Make sure that you get the errant employee’s signature on the document and make sure that they have admitted to the theft/fraud.  This will ensure that their ‘intent’ was clear and that you then get your money back.

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

HR 101 - WHAT TO DO WHEN . . . . What Needs To Be On A Medical Certificate

ARTICLE 36

WHAT TO DO WHEN . . . . What Needs To Be On A Medical Certificate

By Nikki Viljoen – N Viljoen Consulting CC – July 2009

Mike owns a factory and George is one of his workers – George calls in sick on a regular basis and when he comes back to work, he does bring a doctors certificate with him. 

When George has taken sick leave for the 50th day in the same year, Mike starts getting suspicious because George never ‘looks’ sick when he is at work.  Mike starts his investigation by looking at the doctor’s certificates that have been given to him.

In terms of the BCEA (Basic Conditions of Employment Act) a doctor’s certificate must be signed and issued by a ‘registered Medical Practitioner’.  This means that it has to be someone who is ‘certified’ to diagnose and treat patients and who is ‘registered’ with a professional council that has been established by an Act of Parliament.

Here is the other information that must be on the medical certificate.
•    The name, address, qualification and practice or registration number of the practioner (please note that Mike is entitled to check that this information is correct).
•    The name of the employee.
•    The date and time that the employee was examined.
•    If the doctor actually saw the employee and diagnosed the illness at the time of examination, this should be stipulated on the certificate.  If the doctor did not examine the employee, but has issued the certificate based on what the employee has told him/her, this should also be stipulated on the certificate.
•    A description of the illness.  It must be noted here however that if the employee is not prepared to give consent for the illness to be stipulated on the certificate, then the Medical Practioner is entitled to document something along the lines of “my opinion, based on my examination of George Dladla is that he is unfit to work.”
•    The Medical Practitioner should also state whether the employee is totally ‘unfit to work’ or if the employee is ‘able to perform less strenuous duties’ in his/her working environment.
•    The exact period that the patient has been booked off for (this should indicate exactly which date the employee must return to work – so, not George is booked off sick for a week, but rather George ‘will return to work on Monday 20th July 2009.)
•    The date that the Medical Practioner has issued the Medical Certificate.
•    The Medical Certificate must be signed  by the Registered Medical Practioner.

In this particular instance, the Certificates that George was bringing to Mike were correct and Mike now has to decide whether he wants to dismiss George due to ill health.  How Mike deals with this situation is another story for another day.

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

BUSINESS TIPS – Bookkeepers & Financial Year End – Part 2

BUSINESS TIPS – Bookkeepers & Financial Year End – Part 2


By Nikki Viljoen – Viljoen Consulting CC – May 2011

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

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

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

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

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

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

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

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

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

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

Networking 101 - Radiators and Drains

THE POWER OF NETWORKING

Radiators and Drains

PART 56

By Nikki Viljoen of N Viljoen Consulting CC

I don’t know about you, but I have, of late, had to take a step back  from the world and do a bit of re-examining.  Not always the most pleasant thing in the world to do – but certainly something that must be done from time to time if you want to get rid of the ‘dead wood’ in your life and make sure that you are on the right path going in the right direction.

“Dead wood” is pretty much what I want to talk about today – and it is the ‘energy’ sapping, frustrating, pulling out of hair in frustration type of ‘dead wood’ in particular that I want to discuss.

We all have them in our lives – the Radiators and the Drains.  There are some people on the planet that you are just drawn to, and that’s not necessarily a bad thing (unless you yourself are a Drain!).  They give out the type of energy, or aura, or whatever, else you would like to call it that makes you feel good.  Those people are a pleasure to have around – they are fun to engage with or have any kind of interaction with as they usually give very freely of themselves and you come away from them with a smile on your face and a song in your heart and usually with a benefit or two, whether it is something that you have learnt or a joke that you have shared.  It’s that warm fuzzy feeling that tells you that all is good with the world today and you actually can’t wait to see them again – to engage in a mutually satisfying conversation or even debate.  These, clearly are the Radiators and it is always a good thing to have a few of them in your circle of influence, and hopefully you are also a Radiator and therefore a good thing in the circle of influence yourself.

Then, of course, you have the Drains – these are the people who I (not so) affectionately call human vampires!  They suck and draw out all your energy and then off they go on their merry way to their next un-suspecting victim and you are left behind in an exhausted heap. Not much fun at all.

The dilemma arises when some of your client’s and/or the people that you network with, are Drains.  The rest you can walk away from or see as seldom as you can – but with clients and people who you meet at networking events, this is not always that easy to do.

A lot of it has to do with the energy that you yourself give out.  It could be that if you are ‘down’ or not in a good space yourself – the negative energy that you are giving out is simply attracting the wrong people and it means that they will, in all probability bring you down even further.

It is critical for you to attract the right kind of people, when you are networking.  You yourself need to be happy, passionate about what you do and interesting to those around you and those that you meet at networking events. You need to be ‘on fire’ for life, for your business, for the things that you hold dear to you.  Most importantly you need to protect yourself from the Drains, so mixing and/or attracting other Radiators is always a good thing – safety in numbers I think!  All that positive energy driving the negative away!

Drains you see, feed of off people to get their energy.  Radiators get their energy from inside of themselves (well at least I do) and that is obviously is like gold, a very sort after commodity.

Well, I’m off to get rid of some of the ‘dead wood’ drains in my life and I know that this will also let in some more Radiators, can never have enough Radiators!

So, who are you?  Where do you get your energy?  Are you a Drain or a Radiator?  
            
Nikki Viljoen is an Internal Auditor and Business Administration Specialist and she can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za.

Motivation - Where we stand

MOTIVATION – WHERE WE STAND


By Nikki Viljoen of N Viljoen Consulting CC

Today’s quote comes from Johann Wolfgan Von Goethe who said “The greatest thing in this world is not so much where we stand as in what direction we are moving.”

Well I don’t know about any of you, but I certainly would like to be moving in a forwardly direction!

On a personal level though, I think that we as individuals don’t take enough time and trouble to stop – turn around and see just how far we have come.  I mean think about it for a moment, how on earth would be know if it is the greatest thing in the world or not, if we don’t even acknowledge that we are moving forward and not sideways or backwards, although I am sure we are very conscious of that fact when it occurs!

For me it is not just ‘moving’ forward and achieving that is important, but also acknowledging to myself that I am moving forward and that I am in fact achieving – otherwise what would be the point?

I know that I am certainly very guilty of this oversight.  Once a year though, on New Years eve in fact, (I don’t celebrate New Year, in the traditional sense – but that is another story for another time), I discourage visitors and switch the phone off, light the fire – a huge big fire, open up a bottle of particularly good red wine and have a braai (or barbeque for those who are not “African”) for one. 

Now I know that that may sound frightfully morbid or sad, but for me it is extremely self satisfying.  You see, it is the time of the year that I take out the goals that I set for myself at the beginning of the year, I ‘tick off’ and acknowledge each one of the goals I have achieved that were on the list, and add all the goals that were not on the list but that I have achieved anyway -  and the ones that I haven’t – well they couldn’t have been that important anyway (and if they were – then  I add them onto the new list).

I think that we as individuals are so busy chasing after the goals that we have set and beating ourselves up about the ones that we did not achieve, that we forget about the ones that were not on the list, but that we have achieved anyway.  Situations change, perceptions change, new opportunities present themselves and yet we somehow feel the need to rigidly stick to something that was written down on paper.  Why?  My answer to that is this, once I have ticked off all that I have achieved, added all the ones that weren’t there – I drink a toast (well several actually) to myself, pat myself on the back and burn the list with the goals on it!  Why you may ask?  Well it’s quite simple, I don’t want a constant reminder of what I did not get to,  glaring at me all the time, so I erase it! 

Then I make a new list for the new year – a clean slate with new exciting visions and attainable goals – well attainable as I write them down on New Years eve.  But hey, guess what?  Situations change, perceptions change and new opportunities present themselves, so nothing that I write down on my piece of paper is carved in stone and it’s not the end of the world if I don’t achieve them because, well, next New Year’s eve, they too will be celebrated and then burnt.

Do I ever have any regrets?  Sure I do – one of them is that I only perform this ritual once a year.  It doesn’t seem like it is often enough.  Perhaps I will put it on my list this year, that I will perform this ritual twice a year!  Yip, that’s what I will do and if I manage to achieve that, then I will drink a toast (or maybe several) and if I don’t – well, it’s not the end of the world – you see, I will have achieved other goals, I will have acknowledged that I am moving forward in the right direction, I will have recognized and done something with the new opportunities that presented themselves and I will have celebrated all of that.

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

Blogging 101 - Where else to look for ideas - Part 7

BLOGGING TIPS – Where Else to look for Ideas – Part 7


By Nikki Viljoen – Viljoen Consulting CC February 2013

Last time we looked at the opportunities around what the last year brought, Everyday Activities and Hiatus, for inspiration or ideas for articles of interest that pertain to your particular passion.  Today we will have a look at a few more.

Free Writing
I have recently come across a style of blog writing called “Free Writing”.  Now apparently what you do is ensure that you will not be disturbed by phone calls or e-mails etc., decide on a small amount of time (like 10 or 15 minutes), sit down and just start writing.  Don’t worry about your mind wandering, just let your thoughts guide the writing.  Once you are done, you will obviously discard some of what you have written, but you will also be astounded by some of the profound things you have written.

Don’t be scared of your imagination.  Don’t be scared by the playfulness of your inner child, just have fun.

Movies
I often use movies, both the big screen and the small screen, that I have recently watched to illustrate a particular point that I am trying to make.  When your readers identify themselves with a favorite actor or actress or indeed even a favorite movie or show, they often ‘get’ the point that you are  trying to make a whole lot easier.

Read fiction
Read fiction – lots of it!  Sure it is also great to read factual type books, but fiction and fantasy are also wonderful.   Quite honestly, they inspire me and I am often amazed by the minds of the authors and how their brains work.  In particular authors like Dean Koontz, who is well known as a ‘horror story’ writer, and what about fantasy writers like J K  Rawling and her tales of Harry Potter or J R R Tolkien and his Lord of the Rings series, who wrote of hobbits and fairies and made up languages – what incredible imaginations they must have, what incredible minds . . . .  and their stories . . . that transport you to magical places.  They terrify, they horrify, they intrigue and mystify you but most of all they entertain you and that is exactly what your blog should do – entertain your readers.

Nature
Years ago before everyone had a computer or the internet was available to many, I used to travel a great deal for work.  I also have a really great Russian friend Olga, who is married to a Greek chap and who lives on a tiny island in Greece.  We corresponded regularly and I introduced her to this incredible country by mail.  As I travelled and mostly drove to wherever I was going I would compose my letters to her in my head.  From the wide open spaces and “Big Sky” country of the Free State, to the magnificence of the Drakensburg and beauty of the Cape and the breathtaking views in the Eastern Transvaal.

Wherever I visited I bought picture postcards and then told the story of my journey there and what I saw around me.

More than 15 years later we still correspond regularly via SKYPE.  We chat often and she tells me that she often goes back to her bundle of letters and post cards from me, during the long cold winter months and imagines herself travelling those roads and seeing those sights.

I certainly learnt a lot about South Africa as I looked around me and I mean really looked.  There is nothing like having to describe something that you take for granted to make you open your eyes and really see!

Next time we will have a look at some more ideas to keep those blogs flowing. Until then “Happy Writing” and don’t forget to have fun!

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

Blogging 101 - Where else to look for ideas - Part 6

BLOGGING TIPS – Where Else to look for Ideas – Part 6


By Nikki Viljoen – Viljoen Consulting CC January 2013

Last time we looked at the opportunities around Television, being Angry or Upset and Victory and Defeat, for inspiration or ideas for articles of interest that pertain to your particular passion.  Today we will have a look at a few more.

Year
Share the lessons that you have learnt during the course of the past year and maybe some of what you consider to be your greatest achievements.

In terms of ‘lessons learnt’, if you have had to learn the lesson the hard way, I am sure that there are many individuals out there who would really appreciate not having to go through the angst and  anxiety themselves.

When you share your achievements it might be a good idea to take your readers on the journey as you experienced it as there may be someone who is on a similar journey who will be motivated and inspired by your achievements.

Everyday Activities
For me the ‘everyday activities’ are about the routine things that I have tasked myself to do every day, like for example the writing of my blog. It might be a good idea to explain ‘why’ you have chosen to perform these tasks on a daily basis and how you feel once the task has been completed.  Again for me, writing is extremely important as it is part of the ‘creative’ side of me.  If I don’t write something every day, then I am not ‘balanced’ and that causes its own set of complications. So once my blog for the day is written I feel that I have released my creative energy for the day and that brings about a sense of peace and well being – clearly a great way to start the day.

Hiatus
Believe me when I tell you that you can literally write something to death!  I know I did.  When I first started on my ‘blogging’ journey, all I wrote about was “The Power of Networking” – 170 odd blogs on Networking later, I found myself procrastinating every time I had to write another article and realized that I was all blogged out on the subject.  So I stopped writing about Networking and found something else to write about.  Am I still passionate about Networking – of course I am, but I can find no more to write on the subject and it is still all there for anyone to read.

Also, sometimes the creative juices are just not there – don’t force it, give yourself a break for the day or several days for that matter – you can always come back to it and re-kindle your passion for writing.

Remember though, if you do not enjoy what you are doing, then what is the point!  Always have fun!

Next time we will have a look at some more ideas to keep those blogs flowing. Until then “Happy Writing” and don’t forget to have fun!

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

HR 101 - WHAT TO DO WHEN . . . . You Always Seem To End Up At The CCMA

ARTICLE 35

WHAT TO DO WHEN . . . . You Always Seem To End Up At The CCMA

By Nikki Viljoen – N Viljoen Consulting CC – July 2009

At a workshop that I was giving, the other day (A Basic Practical Guide To Starting A Business), one of the delegates made a statement that went something along the lines of “I don’t want to hire any staff because they are so difficult to get rid of and then you always end up at the CCMA and then end up having to pay huge fines – it’s all about the employee!”

To say that I was stunned, would be an understatement!  Then it hit me – apart from the ‘mindset’ out in the marketplace that the Labour Law only takes care of the employee and the employer just has to keep paying, there is also the mindset of ‘how difficult can it be – I can do it myself’!  Wrong, Wrong and Wrong again!

SMME’s (Small, Medium, Micro Enterprises) also seem to operate from the back foot.  They always seem to do things as a reaction to something.  Quite honestly it frustrates the hell out of me and what it does is add to the bottom line – the reality is they always end up paying through the nose and then they sit back and play the victim.

Here are some of the ways (but not limited to) in which you can avoid ending up at the CCMA or paying huge fines and penalties.

•    It is widely recognized that the quickest way to end up at the CCMA is, not to have procedures in place!  Having the correct HR, Administration and Operational Policies, Procedures and Templates will ensure that staff know exactly what it is that is required of them, they understand that there are consequences and they know what those consequences are.  Make sure that your procedures are within the letter of the law.
•    The next problem is that employers, in an attempt to save money, try and chair disciplinaries themselves.  That’s just not a good idea – to chair a disciplinary, you would need to, at the very least, have an idea of what the BCOA (Basic Conditions of Employment Act) and the Labour Relations Act says.  It’s like being your own lawyer in a court of law!  The reality of this is that it ends up costing you an arm and a leg, as you end up having to get legal advice anyway and it leaves you feeling like a victim of the law.  Don’t do it!
•    Many business owners think that the law is there to make life difficult.  Nothing can be further from the truth.  My take on this is that the law (and also policies and procedures) are legislated and implemented to protect us from our own stupidity.  Now, as you can imagine, I am often given quite a hard time by people when I make this statement.  The reality though is that laws are passed and procedures are implemented as a result of something that has happened.  No-body sits around all day, trying to think up ways to make life difficult.  People usually try and prevent something from happening again and again and they do this by means of either legislation and/or the implementation of Policies/Templates and Procedures.

•    Having an inexperienced Chairperson can also cause untold problems.  A Chairperson who is not competent or who cannot make a decision based on the facts, rather than the emotions – or who must report into an HR department or business owner, prior to ‘taking a decision’ is going to cost in the long run, when the employee goes to the CCMA.  So make a decision to get the right person in to chair the disciplinary.

So here’s the thing then – yes Labour legislation is 100% in favour of the employee – that said Labour legislation lays down the correct procedures for employers to dismiss staff legally.

So make a decision now – get your policies and procedures correct and make sure that they are properly implemented, get the right people in to do the disciplinaries and even if you do end up at the CCMA, chances are that the case will be dismissed.

It’s your choice – how you make it will mean the difference to your business.

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

HR 101 - WHAT TO DO WHEN . . . . You Need To Retrench A Single Person

ARTICLE 34

WHAT TO DO WHEN . . . . You Need To Retrench A Single Person

By Nikki Viljoen – N Viljoen Consulting CC – July 2009

So let’s bring in the protagonists.  Mike owns a large factory that makes furniture with over 1000 employees and George is one of the workers.  The credit crunch hasn’t quite hit Mike’s business yet, but he does understand that he needs to tighten things up.  Mike does his research and he finds that there is one employee who is really not pulling his weight, who is constantly late and who is just generally difficult to work with and that is George.

Mike decides to use the current economic situation to ‘retrench’ George for operational reasons.  George is called in and Mike goes through the whole ‘retrenchment’ process  and George is subsequently ‘retrenched’ for operational requirements..

Here’s the problem – if, as is the case here, there are many employees, then the retrenchment process should have been done with all of the staff or at the very least all of the staff in the same department.  Although Mike followed the procedure, he only followed it for a single staff member instead of all of the staff.

In this particular instance – George decided that he would take Mike on as he decided that he thought that he had been ‘unfairly dismissed’.  Section 191(12) of the Labour Relations Act offers ‘a single employee who was retrenched a choice to refer a dispute to the CCMA for arbitration or the Labour Court for adjudication.”

Labour court cases usually cost a huge amount of money and so the rationale behind this choice was to give those who could not afford to take their cases to Labour court a chance to be heard.  It only accommodates however, instances where “i) a single employee was consulted and subsequently dismissed; ii) the dispute related to whether the dismissal was substantively fair.”

So George is able to take his case for arbitration since he was the only employee that was consulted and dismissed.

Be careful people, when it comes to retrenchment, it is better to consult to all and not to just single out one person.  It could become a really costly affair.

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