Friday, January 31, 2020

HR 101 - Failure to Disclose – Part 1

HR 101 - Failure to Disclose – Part 1

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations and Best Practice requirements

I certainly have had a few clients that have been on the receiving end of this particular situation and all for the wrong reasons – however this topic, like most connected to HR, is a double sided coin and I will endeavour to illustrate this by means of two stories – one will be a happy ending for the employer and one won’t.

Let’s deal with the happy ending first and bring out my favourite protagonists.

Mike owns a high end jewellery store in a popular very busy mall.  He is well situated in the mall and his store is internationally known and respected.  His hand crafted, individually designed jewellery is highly sought after and prized.

Mike’s mother used to do his books and she was also the cashier in the store, but now in her 80’s she has decided to finally retire.  Mike is looking for someone to replace his mother – someone who is not only competent with accounting but also someone he can trust.

Mike puts the word out and starts the whole interview process.  Mike, being an ‘attention to detail’ kind of guy is very clear about what his requirements are and as part of his interview process he is clear about what qualifications the applicant must have, that references will be checked and what documents the successful applicant must be able to provide in terms of legislation and compliance.  Mike does not want to have any problems with the Department of Labour down the line. Part of Mike’s interview questionnaire is the question “Do you have criminal record”?  Sarah smiled when she answered this question with a very resounding No.

After several gruelling weeks of interviewing, Mike finally settles on a young Nigerian woman by the name of Sarah.  Sarah is well groomed, erudite, has all the correct qualifications and she assures Mike that she is able to work here in South Africa as she has the required documentation.

Sarah is employed on the proviso that her references check out and that she provides the relevant documentation.  Sarah starts work the following day and Mike is pleased with his choice of candidate as Sarah fits right in from the very beginning.

Mike starts checking references and cannot get through to any of the numbers provided.  Mike understands that the references are for Companies and people who live in Nigeria and with the time difference there could be some difficulty, but he is mindful of the fact that these references have to be checked and he persists.  In the meantime, every time he asks Sarah for her documentation there is some sort of reason or another as to why she has not brought them along.  Mike keeps reminding her that he needs the documents and Sarah keeps promising to bring the documents to work.  Somehow she never does.

Mike continues to struggle to get through to the numbers that Sarah has provided and eventually Mike decides to contact the Nigerian Embassy to see if they can provide him with the correct telephone numbers for the Company that he is trying to contact.  The Embassy gives him the correct number and he eventually (some 5 weeks after Sarah has started work) gets through to the Company that she worked for in Nigeria.  Mikes speaks to the Company  CEO and he is absolutely horrified at what he discovers.  Sarah was caught selling ‘blood diamonds’ and had served time for this crime.

Mike calls Sarah in and confronts her with his findings.  Sarah breaks down and admits that this information is correct but that when Mike asked her if she had a criminal record, she assumed that he meant in South Africa.  The reason that she did not give him her documentation is because this information appears on one of the documents and of course she did not want him to see it. Mike is understandably furious and a disciplinary hearing is held and Sarah is dismissed for non-disclosure.

Of course Sarah goes to the CCMA and lays a claim of ‘unfair’ dismissal because according to her she had been asked this question purely because she was Nigerian.

The Chairman ruled in favour of Mike because the question that he asked in terms of the criminal record was part of his interview process and that all the applicants had been asked the same question – Sarah had not been singled out at all.  Furthermore, in view of highly sensitive issue around blood diamonds and the fact that Mike’s business involved the use of diamonds, employing someone who had trafficked in blood diamonds, could have a negative impact on his business.

In this instance, following the correct procedures in terms of the interview process as well as disciplinary and  dismissal procedures is what won the day for Mike.  As usual, if you are not 100% sure of what you should be doing or where you stand legally, get yourself some help.

Next time we will hear about a not so happy ending for an employer.

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


Thursday, January 30, 2020

Leadership 101 – Standing on the Shoulders of Giants

Leadership 101 – Standing on the Shoulders of Giants

By Nikki Viljoen – Viljoen Consulting October (Pty) Ltd

“If I have seen further (than others), it is by standing on the shoulders of giants.”

This is a quote from Isaac Newton, mathematician, astronomer & physicist and they are pretty much the words that I try to live by.

I learnt pretty quickly when I started out in 2003, that I am not an island and that I needed help – not just any old help, mind you, but specifically help from people who knew what they were doing in their chosen profession.

I learnt that by ‘following’ them (and I don’t mean in a stalkerish type way) and doing things the way that they did them, I saved a huge amount of money (in school fees), and an even bigger amount of time and of course, I saved myself the angst that we all go through when we try new things.

I learnt that there would still be lessons that I needed to learn on my own, but by measuring my progress on the stuff that I did do on my own and measuring my progress when I learnt from a Master – my progress was far better when I learnt from a Master.

In fact one of the first lessons I learnt from the Master was to measure everything.  If you don’t measure how on earth do you know if or how you are progressing.

Some of my “Master Guru’s” are Dr John Demartini, T Harv Eker, Roger Hamilton and here in South Africa, Brian Walsh.  All of these men started at the bottom and worked their way up to being multi-millionaires.  They all teach the ‘how to’ to anyone who cares to listen and to learn.  Their passion and conviction and congruence is evident by the way that they live their lives.  They don’t just talk the talk, they live their talk.  It is therefore apparent that in order to be really successful, you have to be congruent.

I have learnt that you have to be clear on what it is that you want to achieve and then by means of a plan, you have to “act”.  A dream or a goal without action is just . . . well a dream or a goal.

I have learnt not to hide my light but let it shine brightly.

I have learnt to speak my truth (even if that truth is not well received by the recipient.)

I have learnt to be humble, but at the same time to take pride in what I do and to be proud of my achievements.

I have learnt that I need to learn on a ‘ongoing’ basis -  not only to learn, but also to implement and share what I have learnt. The more I learn, the more I think differently and when I think differently, I do things differently and this allows me to succeed.

I have learnt that we all serve in one way or another and that we should always ‘give back’ something – even if that something is only our time. Paying it forward should become a habit, something that we do not even need to think about.

I have learnt all of this and so much more, by standing on the shoulders of these (and many more) giants.

I am grateful to these Giants and the many other’s whose books I read, whose podcasts, webinars and talks I was watch and listen to. I am eternally grateful to the Universe for putting these people into my life serendipitously. Thank You

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

Wednesday, January 29, 2020

Networking 101 - Remember to say Thank You

Networking 101 - Remember to say Thank You

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Ralph Marston says “What if you gave someone a gift, and they neglected to thank-you for it, would you be likely to give them another?  Life is the same way.  In order to attract more of the blessings that life has to offer, you must truly appreciate what you are already have.”

What makes you think that Networking is any different?  One of the issues around Networking and one of the reasons people don’t believe that it actually does work is the fact that people don’t say thank you or that they don’t appreciate or even respect the referral that they have been given and also that very often people don’t reciprocate.

A couple of months ago, I was at a Networking event that was attached to a huge exhibition.  Walking around the different exhibits, I came across two individuals who I had introduced to each other about three years before, working together at one of the stalls.  I saw synergy between them that they clearly did not see at the time and they have since formed a JV (Joint Venture) that is obviously working very well.

Here’s the thing though – after I introduced them to each other, I have never heard from them again.  In fact, I didn’t even recognise them, they both called out to me as I passed by.  They are still in my database, they still get my ‘newsletters’ and invitations to the workshops that I run (so they know where and how to contact me) – but at no time did they ever feel the need to call me and tell me that they had formed the JV or to thank me for the referral.  From what they told me, they have made loads of money from the relationship and yet no-one has even thought about me – the person that started the whole thing off.

Now quite honestly, whilst I am pleased that they eventually saw (and acted on) the synergies between themselves (that just proves to me once again that Networking does work) I am also quite miffed at the lack of respect that they have shown me.  What they have shown me without a doubt too though, is that they are incredibly ungrateful.  It will be their own loss though at the end of the day, because each and every time, going forward, that I have a possible connection or link for them and to them, I will certainly think twice about referring it.  The connection or referral will go to others in my data base who have shown me respect, who have thanked me and who are obviously grateful about what I have passed onto them.

So think carefully about how you were brought up – I was always taught to say ‘thank-you’ and even if nothing comes of an introduction or referral that has been passed onto me, I always make contact and thank the person who connected me.  The Universe is a really wonderful place, with many opportunities and you have no idea where the next great/big/enormous one is going to come from, so be thankful, be respectful and always be grateful.

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

Tuesday, January 28, 2020

Business Tips – Rising to the Occasion – Part 3

Business Tips – Rising to the Occasion – Part 3

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

Here we are looking at some more solutions to challenges around us as individuals and how we view ourselves as either winners or losers.  How we look at ourselves in terms of success or failure and how we can solve some of these issues.

Words:  Think about the words that you use.  Change your mindset and instead looking at “problems”, look at ‘challenges’; or ‘opportunities’.  The way that we use words and what they mean to our subconscious minds is very important to how we look at ourselves and how we judge ourselves.

I am sure that we are all aware of the thinking around affirmation and how if we tell ourselves, often enough and long enough, how excellent we are that we will eventually believe it.  Surely then if we continue to say the words “challenges” or “opportunities”, we will start looking for opportunities and finding solutions to challenges!

I am sitting at a “Women Making a Difference In Africa Conference” as I write this and so far this morning, all the speeches have been about ‘doom and gloom’.  My upbeat and optimistic mood of this morning has definitely slipped its moorings and has drifted somewhat southwards.  As I look around the people in the room, the looks on their faces speak volumes.  Some are bored to tears, some are filled with fear, some are angry at what is being said and me . . .  well I have found something useful to occupy my time . . I am writing this article and rising to this particular occasion. 

You see, I refuse to be engulfed in the fear that is all around us.  I refuse to live my life in accordance with what other people desire to do in their own lives.

For me it is of the utmost importance to get past the fear and pessimism if I want my life and my life’s purpose to inspire greatness in others.

Next time will be the final part in sharing some of the solutions to the challenges that we may encounter as we all attempt to rise to the challenge.

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

Monday, January 27, 2020

Inspiration – Directing Anger

Inspiration – Directing Anger

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

William Arthur Ward says “It is wize to direct your anger towards problems – not people; to focus your energies on answers – not excuses.”

How true is that?  I don’t know if it is that time of my life for me, or if it is because we are now well and truly in the “Age of Aquarius” or if I am just becoming cranky with old age, but I seem to have lost the ability to have patience with the masses and salespeople in particular.

The level of service in this country (and I suspect all over the world) just seems to be non existent and added to that the use of call centers that may or may not be in this country at all, serves to crank up the crankiness for me. Much of what goes on in a call center is about power – well that is how it comes across, especially when you ask to be put through to a supervisor because the half wit that you are dealing with has about as much brainpower as a paper clip.  Getting the run around (come on now we have all been there) because “no-one is available right now” and being given another number and then another number and then the number that you started off with as they shunt you from pillar to post, with no-one actually taking responsibility for what they are doing.

For me on a personal level, solving problems is what I love to do.  In fact it could be said that that is what my business is all about – so how then do I deal with the problem, if the problem is the people?  For me it is an easy solution – you see in my business I don’t have any staff, probably because I deal with problem people all day long.  My clients often have really problem people and there are several ways to deal with those – it is after all what I do.  Trying to talk to someone who has more than half a brain cell, in a call center though – now that is a challenge. 

How about I give you the solution to that one too.  Well what I do is that I document what I have said (whether or not they tell you that the conversation is being taped or not) and I request a reference number and of course, I take down their details.  I get the details of the so called supervisor, who is never available and I start sending out e-mails and letters and I keep a record of who I spoke to, the time of day that the conversation took place, the problem that I was trying to resolve, the reference number that they have given me and of course the all important e-mail address of the supervisor.  Sooner or later I actually get a call from the supervisor or someone pretending to be a supervisor, and at this point my problem gets resolved.

I have noticed though, that no amount of shouting and screaming at the half dead individual on the other end of the phone, at the call center will help to get the problem resolved, it will just increase my blood pressure and I promise it does not make me feel any better afterwards either.  So what’s the point?

Does this mean that all queries or complaints should be handled in this way – of course not.  But then life is full of shouldn’ts and won’ts and we just have to find a way to get to the “should” and can.  Documenting it also, in some ways makes me feel better and I also have proof what happened, when it happened and how it happened, when that little tape that they recorded suddenly is missing and for the record, sometimes the getting even is worth the time that it took to write the letter or e-mail in the first place, especially when the apology is backed by a little freebie too.

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

Friday, January 24, 2020

HR 101 - Religious Discrimination – Part 2

HR 101 - Religious Discrimination – Part 2

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations and Best Practice requirements

As promised here is the story version of what happened at the CCMA.  Let’s bring out the protagonists.

Mike owns a very busy little gym in a quiet suburb and he has several body builder type staff working for him as personal trainers.  Patrons are not encouraged to work out on their own, but are allocated their own personal trainer(s) to assist them with getting the best out of a workout.  Patrons are then encouraged to make use of the gym’s masseurs, who are all properly trained in working with sports injuries.

As part of the branding, all staff are required to wear uniforms – the males are required to be clean shaven, with short hair (for hygiene purposes) and the females are required to wear their hair (specifically long hair) up in a ponytail and away from their faces.  When in the indoor heated pool, all staff are required to wear swimming caps, again for hygiene purposes and to minimize the amount of hair fallout.

Mike’s business is expanding with more and more sports patrons coming to his gym to receive expert training and he has had to increase the number of personal trainers and masseurs.  Mike’s letter of appointment specifies that the gym is open 7 days a week and the hair and hygiene requirements and he is careful to explain the reasons for the requirements at the interviews to ensure that both male and female staff are aware of the requirements and that they agree to them up front.

Everything goes along splendidly for several weeks and then he notices that several of the male staff are not shaving regularly.  Mike calls a staff meeting and reiterates the requirements and instructs all the male staff to come to work ‘clean shaven’ on a daily basis.  Mike further states that staff members who do not properly portray the image of the gym and the brand will be sent home to sort out what is required, at their own cost and without pay for the time wasted.

The following day, several of the staff again came to work unshaved and when Mike instructed them to go home and shave, they refused on religious grounds.  They explained to Mike that they belonged to the Nazarene religion and that this religion forbade them to shave or even trim their beards.  All of them were instructed to attend individual disciplinary hearings and all of them were dismissed.

Of course all of them went off to the CCMA and they claimed that their dismissal was automatically unfair as it was based on their religion.

Mike stood his ground and stated that:-
Apart from the fact that beards made personal trainers and masseurs look dirty and untidy, all of these employees had been briefed on the requirements of being clean shaven as this was a hygiene requirement as well as part of the branding and therefore image of the company.
All of the employees had arrived for the interview, clean shaven, they had signed their letters of appointment, thereby contractually agreeing to be clean shaven and
For the first couple of week’s  they had all come to work clean shaven, with no problem at all.
At no time, until they all refused to shave, had any of them advised Mike that they were of a religion that forbade them being ‘clean shaven’.  Clearly Mike was perplexed by this development.

The Court decided in Mike’s favour based on the following facts:
There were several issues with this particular religion that were forbidden, yet the staff had transgressed on all of them, such as but not limited to: - the employees worked on a Sunday (and had never refused to do so) despite the fact that they were forbidden to do so in terms of their faith.
The staff had arrived for their interviews clean shaven and had remained that way for several weeks despite the fact that they were forbidden to do so in terms of their faith.  These two issues indicated that the church was ‘flexible’ in the application of these rules.
The staff could not show that they would have to ‘suffer a harsh penance’ for breaching the rule of not shaving.
It was evident that these employees were selective in their choice of which religious laws and rules they would follow and which they wouldn’t.
The fact that Mike was very consistent in applying the rules of ‘clean shaven’ male faces etc. evidenced that these staff members had not been singled out on the basis of their religion, but rather on their non-adherence to laid down company procedures that had been previously and meticulously followed, by these very same employees.
Grooming and hygiene was an important and integral factor in the running of a private gym.

Be warned though, just because Mike won this case , doesn’t mean that employers will always win cases based on ‘unfair discrimination’ relating to religion and beliefs – each case should be looked at in terms of its own merits and it is advisable to employ the services of a HR/IR (human resources/industrial relations) expert when in doubt.

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


Thursday, January 23, 2020

Leadership 101 – Build the Fire Within

Leadership 101 – Build the Fire Within

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

Bob Nelson says “You get the best efforts from others by not lighting a fire beneath them, but by building a fire within.”

One of my favorite sayings when I am dealing with clients who are no longer even holding the reigns of their own Company is “This is a business and not a democracy!”

The reason for this is that a Company is legislated and has many requirements and therefore much responsibility and accountability.  The accountability stops with the Business Owner or Chairman or CEO., depending on the hierarchy of the business structure, irrespective of whether that person is an effective leader or not.

In my opinion, it is therefore extremely important for the “Leader” to keep this in mind.

I agree that it is far easier to get someone’s ‘buy in’ to an idea than it is to drag them kicking and screaming towards the watering hole.

To get that ‘buy in’ however, it is extremely important to have the right people or the right team!  People who have the same vision and the same desires.  People who are inspired by the end goal. This is also one of the reasons that it is just as important to have diversity within the team, so that individuals will challenge themselves and each other to achieve that goal.

The goals must be the same, the outcomes must be the same and the intent needs to be the same -  how you get there, well on that point they can be as flexible or direct as they make it, as long as the desired result is achieved and obviously preferably as long it achieved in a legitimate way.

The innovation around the “How To” get that goal achieved is the fire that needs to ‘be built within’ and that fire is often achieved by diversity.

A leader who is clearly passionate about what they want, and if that passion is authentic and congruent to who they are and how they live their truth, is far more likely to inspire and ‘light’ the fire that will burn within rather than one who just lights the fire beneath.

Be the leader that you would want to light your fire within and inspire you to be all that you can be and do all that needs to be done.

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

Wednesday, January 22, 2020

Networking 101 - Don’t get lost in the day to day stuff

Networking 101 - Don’t get lost in the day to day stuff

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

I see it all around me all of the time and quite frankly it was one of the reasons that I started this Networking blog in the first place.  What on earth is  she talking about, you must be wondering – well it’s quite simply this, all SMME’s/Entrepreneurs get caught up in the day to day running of their businesses or dealing with one crisis after another.  This usually means that they often cannot see the wood for trees and then bad decisions are made with bad solutions being brought into place and these of course have really bad consequences.

We get lost in our own minds and head space and I have even, on occasion heard someone say that they felt ‘lonely’ in business.  We get this whole mentality that it’s us against the world, us all on our lonesome!  What about the “I am an island” syndrome – I wonder how many times I had to hear that particular phrase?

Here’s the thing though, we are not alone, much as we would often like to do the dramatic “woe is me” thing and play the ‘victim/martyr’ role.  The reality is that we are really not alone.  Every small business owner/entrepreneur out there has gone through/is going through/will go through, exactly what you and I are going through right now!  How presumptuous of us to think that we are so completely special in the grand scheme of things, that we get to do things differently. 

Not only are we not intrinsically different to every other SMME/Entrepreneur out there, but we also don’t have to try and do it on our own, even if we are the only person in our businesses.  How’s that for a statement?

You see, that is the beauty of Networking.  We can interact with others who are going through what we are going through – others from businesses that are completely different to ours and even others from businesses that are very similar if not the same as ours.  We can learn from each other, we can learn together, we can brainstorm and find suitable solutions for ourselves and for others.  We can share information and ideas and we can keep each other grounded.

We can look out for each other and be a guiding light when someone else loses their way and starts to feel alone.

This is one of the reasons that Networking, for me is one of the most powerful tools in my 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

Tuesday, January 21, 2020

Business Tips – Rising to the Occasion – Part 2

Business Tips  – Rising to the Occasion – Part 2

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd -  April 2010

Following on from last week, this week we will be looking as some of the solutions that there are to assist us with dealing with some of the challenges that we came across last week.

These are (but not limited to):

Expecting difficulty:  People who stick their heads in the sand or who look at life through rose tinted glasses are always surprised when things go wrong.  Actually some of them look like frightened deer that have been caught in the headlights of an oncoming car!  I’m not for one moment suggesting that we should be pessimistic and always looking for things to go wrong and then nodding wisely and saying “You see, I told you it would go belly up !” What I am suggesting though, is that we become optimistic realists.  That we understand what can go wrong, that we are prepared for it should it go wrong, but that we always carry on as if nothing could go wrong – that way if it does, there is always a plan “B” and if it doesn’t – well that’s a bonus, don’t you think?

Be proactive:  This for me is an absolute ‘no brainer’!  I find it extremely difficult to understand why people don’t get things going correctly (or even going in the right direction) in the first place.  This always necessitates them having to go back to correct it.  How crazy is that and how time consuming, not to mention absolutely frustrating.  It reminds me, many years ago, of the reason that I actually left the bank.  I was in the Internal Audit Division and each time there was a problem in a department, I would be sent in to sort it out and get it back to what it was supposed to be.  One particular department was notorious for not following procedures.  It got to a point where every three months I had to go back into the department to restore order – the straw that broke the camels back came, when that particular department head received a bonus for the manner in which their department was run (when we were audited externally by the International Internal Audit Department) and my efforts were not even acknowledged.

Deal with problems whilst they are still small enough to be handled effectively and with a minimum of fuss and ensure that you maintain your preventative measures.  Think about it for a moment – we usually don’t wait until the car falls apart in a heap before we send it in for a service.  We usually service regularly to prevent the car from falling apart in a heap!

Next week we will have a look at some more solutions

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

Monday, January 20, 2020

Inspiration - Continuous Effort

Inspiration - Continuous Effort

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

The quote today comes from Sir Winston Churchill, who says “Continuous effort – not strength or intelligence – is the key to unlocking our potential.”

Really not the words that I wanted to hear at this time in my life I can tell you! 

I have, of late, been struggling with personal issues (that I won’t go into at this time).  Suffice it to say, that I thought that I had worked through them all and come to an amicable solution of sorts – silly me!

You see on a logical level I work through stuff and usually deal with it and then walk away.  That’s all very well, but it seems that things also have to be dealt with on an emotional level as well and herein lies my challenge.

Without going into too much detail, as a child growing up I lost the ability to deal with many things on an emotional basis.  That part of me was shut down and for many years the ‘emotional’ side of me was dealt with in pure anger.  Not to good for the psyche or the soul – but that was the only way that I could deal with it. 

As I am sure you can imagine, this did a great deal of damage to me and today I still pay huge dividends in my sometimes inability to deal with things on an emotional level.

Pain on any level is not an easy thing to deal with, yet somehow I have learnt to just ‘shut’ it out, and here is where the problem starts – you see it comes back to bite me in the butt!

What I had thought had been dealt with has come back to haunt me and now I really have to sit down and go inside of myself, to the emotional side of myself and feel that pain and then work through it – I have to make myself vulnerable to that pain and really feel it, in order for it to go away completely.  No wonder Vanessa always tells me that my greatest strength lies within my vulnerability.

I have no doubt that I will come out on the other side a much stronger person for the experience and I know that I will have to go back there continuously in order for me to deal with the issue at hand. I also know in that place deep down inside of me, where you instinctively know the truth when you hear it, that in order for me to move forward it has to be done, so in essence I understand that it has to be done.

I guess it gives the other saying that Vanessa keeps telling me a lot more foundation too – those words being “Difficult and challenging experiences precede all worthwhile accomplishments”.

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

Friday, January 17, 2020

HR 101 - Religious Discrimination – Part 1

HR 101 - Religious Discrimination – Part 1

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Labour Relations and Best Practice requirements

The law states, in Section 6 of the Employment  Equity Act (EEA) that there can be no unfair discrimination against an employee on arbitrary grounds.  One of these grounds of course, is religion and this means that as an employer you cannot discriminate against an employee or a prospective employee, on the grounds of their religion.

Some of the areas around religion that you would need to take into consideration are (but not limited to):-

- You cannot turn down a job applicant based on the fact that they are not (or are for that matter) of the same religion as you are, irrespective of what that religion is
- You cannot decide that only the employees belonging to a specific religion will be allowed to go to church/temple/shul/mosque etc., during working hours. The requirements of all the different faiths must be taken into account.
- You cannot insist that employees of a specific faith or religion must work on  public holidays

That said, this is not an exact science and although the statements made above are examples of the types of discrimination out there, there are instances where they may not be considered “unfair discrimination”.  Whether the discrimination is unfair or not will depend on various issues, such as (but not limited to) whether or it makes sense.  Now whether or not it makes sense or not will also be dependent on the requirements of the job.

Here are some examples:
If you owned a factory type business where there were machines operating and where stupid mistakes could lead to loss of limb or life, you could not stop religious emblems being worn underneath garments as this would not affect the way that they worked or put them in any kind of danger.  However, that said, if under the same conditions and circumstances you staff insisted on wearing these same emblems on necklaces around their necks, dangling out of their clothing, you could state that this put them at risk of injury to themselves and their peers and in this instance, of course you would be well within your rights to make that rule.  What you absolutely couldn’t do though is allow some of the staff to then wear necklaces and not others.  You have to be consistent in your decisions.

Some of the other examples that I have seen posted by Ivan Israelstam are rather evident in themselves and I must admit that I had a good chuckle to think that someone would even have considered them – some of these are “You could turn down a Jewish person for the position of Pope – that would not be considered unfair.  You could refuse to employ an atheist as a priest – that would be considered fair.”

Next time we will look at an actual CCMA case where the staff cried ‘foul’ and see what happened.

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


Thursday, January 16, 2020

Leadership 101 - The Role and Responsibility of Directors – Part 16

Leadership 101 - The Role and Responsibility of Directors – Part 16

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

Please note that this pertains to South African Legislation, the King Requirements and Best Practice.

And today in this final post of this epic journey, in terms of the Roles and Responsibilities of Directors, we tackle the very important matter of remuneration.

We all need to be paid fairly for our experience, knowledge, responsibility, value add and of course out ability to both be a leader as well as a team player.

So let’s have a look and see how it should be done.

Firstly, there should be a “Company’s Remuneration Policy” in place and this should be approved by the shareholders, where applicable.

Secondly, in the interest of transparency, companies should divulge the remuneration of each individual director and in certain instances, some of the senior executives as well.

In instances where Companies are not listed entities, this would of course not apply, although a “Company Remuneration Policy” should still be in place.

Here are some of the questions that Directors should be asking around their remuneration policy.

1. “Does the remuneration policy comply with the Principles of King 1,2,3 & 4 and does it reflect current international best practice?”

2. “Are our long-term incentive plan rules consistent with the principles of King 1,2,3 & 4, in terms of the use and application of performance conditions?”

3. “Do our non-executive directors receive options and/or other share incentive awards?”

4. “Does our annual bonus plan link performance to clearly set objective that create long-term value for shareholders?”

5. “Do we fully disclose remuneration paid to executive Directors, non-executive directors and certain senior employees in our annual remuneration report.?”

6. “Can we explain how our remuneration policy links into our strategic objectives?”

From this you can see that as important as it is for you to get paid fairly, so too it is important to have total transparency and ethical behaviour.

As I stated earlier , this is the last of the articles on the Role and Responsibilities of Directors, and I hope and trust that you have enjoyed the journey as much as I have researching and writing it.

I hope that it have given you insight on how you as a Director, can make a difference, just be ensuring that you have followed the correct rules and regulations.

Good luck.

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

Wednesday, January 15, 2020

Business Tips – Being Straightforward

Business Tips  – Being Straightforward

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

In her Leadership Insights nuggets, Dr Renate Volpe says “Straightforwardness simply means aligning the verbal and non-verbal messages to mean the same.”

Well that makes logical sense and it is also pretty straightforward don’t you think?  So why it is so difficult to do?  Why did Renate feel so strongly about it that she had to use it as one of her 50 tips on Leadership Insights?  Well my guess would be because often people who are aspiring to be leaders just don’t do it.

I know that even in the smallest of businesses, there is often a hidden agenda, there is often some sort of politics going on – whether it is a conspiracy of the staff to do whatever they can to upset the bosses or drive a wedge between senior management or indeed discredit their peers.  Often the bosses or management set it up so that the staff are constantly striving to undermine each other in an attempt to be ‘teacher’s pet’ and to score the most brownie points.

For me this is just counter productive and a waste of time and energy, never mind the distrust that it causes and often the result is a less than perfect product or less than satisfactory service for the client.  Besides that, how on earth do people remember what they have said to whom – it’s like trying to play several games of chess all at once – far too much irritation and drama for me!

Those who know me, know that I would far rather have a simple life and that for me is just telling it like it is!  That way the verbal will definitely match up with the body language and the rest of the non-verbal indicators, everyone will know where they are, what is expected of them, what my perception is and we can get on with the task at hand – building sustainable businesses, building sustainable relationships with and for my clients. Being known for my integrity and credibility and ensuring my deliverables take place on time.

I’d far rather have that agenda out in the open and transparent for all to see than all the other BS that goes with hidden agenda and the political games that so many others play.

What about you – which journey would you rather take?

For more details on what Renate does, please visit her website on http://www.drrenatevolpe.co.za

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

Monday, January 13, 2020

Inspiration - Choices

Inspiration - Choices

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Today’s quote comes from our very own Nelson Mandela who says “There is nothing like returning to a place that remains unchanged to find ways in which you yourself have changed.”

I can only imagine how he must have felt as he returned to Robin Island as a free man, and saw again the harsh reality of his prison, still exactly the same as it had always been.

I can only imagine the hurt, the pain, the injustice and the anger that he must have felt all the years that he was a prisoner there.

Yet this man, for me – and I am sure for millions of people around the world, is a living example of what can be achieved, not only on the outside, but also on the inside.

It is within each and every one of us, to grow, to change, to evolve – yet many choose to live their lives in anger and in pain or as victims inside walls that they have put up.

I have made a conscious decision to put the past behind me, where it belongs and live my life in the present.  I have made a conscious decision to be all that I can and the best that I can be.  I have made a conscious decision to make a difference every single day of my life, whether that difference is in my own life, or in the lives of those that touch my life – I will make a difference. 

I am growing as an individual because I have chosen to – what about you? Have you changed?

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

Friday, January 10, 2020

HR 101 - Showing Remorse

HR 101 - Showing Remorse

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd 

Please note that this pertains to South African Labour Relations and Best Practice requirements

To be quite honest, this particular case “bent” my mind in several different directions simultaneously, and not in a good way either.

What it also did however, was clearly highlight the need to use someone with the highest level of labour law expertise when conducting disciplinary hearings that may result in dismissal.

Let’s bring out the protagonists.

Mike owns a small paint factory in one of the industrial parks.  He is very conscientious about the health and safety issues around what happens in the factory because of the paint fumes and chemicals that are used and how badly they can react with one another.  All the staff are trained on safety issues on a regular basis and safety drills and evacuations take place quarterly.  Mike employs around 100 staff members.

Mike walks onto the factory floor and with the usual smell of paint fumes he detects another underlying smell.  Mike is very concerned when he realized that that smell is in fact gas.  He issues an instruction for all the staff to leave the premises immediately, while the problem is investigated.

The usual procedure is for staff to meet in the lower car park, several hundred meters from the factory.  When they do the drill the evacuation generally takes less than 15 minutes.

Mike contacts his service provider and the authorities to report the problem and then goes to join the staff in the car park to wait for the technicians to arrive, investigate the problem and then proclaim the factory safe or unsafe.  If the factory is declared unsafe the staff will be sent home until such time as the ‘all clear’ is given.

Mike gets to the car park around 20 minutes after his instruction to evacuate was issued and some of the staff are still taking a leisurely stroll to the car park from the factory and not only that, it is also clearly evident that many of the staff are not present and accounted for.

After chatting to the safety officers and investigating the issue further, it was discovered that many of the employees just did not follow the correct procedures – some just took their own sweet time to get to the safety of the car park and some went straight home without even reporting to the car park.

Mike was furious, and understandably so – what if the factory had exploded while staff were still inside.  What if they were looking for the bodies of people who had actually gone home and even worse, what if the safety officers or authorities had gone into the building to ‘rescue’ those that had not come out and the factory had blown up whilst they were inside and the people who they were supposed to be rescuing were safe at home.  Clearly this was not acceptable at all.

Every person who had arrived late (after 20 minutes of the instruction to evacuate was originally given) as well as everyone who went directly home, were required to attend a disciplinary.

So far so good, I am sure you will agree – but here is where the whole thing goes pear shaped.  You see, some of the employees were issued with final written warnings and some were dismissed.  The dismissed staff took Mike to the CCMA.

The arbitrator found that the dismissals were ‘too harsh because the dismissed  employees has shown “genuine remorse”’

Wow!  So it doesn’t matter that someone could have been killed going in to look for them whilst they were safely at home, but they were ‘sorry’ so that’s okay then. Now that is not good for me at all!

What is also not good for me though, is the lack of consistency with the penalties issued at the disciplinary hearings – for me personally, that is where most of the problem lies and whether they showed ‘genuine remorse’  or not should have been featured as part of the mitigating circumstances.  I understand that they were all given individual hearings (as they should have been), but the fact of the matter is that they did not follow safety procedures and because of this they put other people’s lives at great risk.

Let me put it this way – if Mike had ignored the problem and not followed the safety rules and the factory had blown up and the staff had been killed, but he showed ‘genuine remorse’ would his liability, responsibility, accountability and ultimate penalty, been reduced?  I doubt it.

Once again this evidences the need to have someone with the correct legal HR ‘know how’, when dealing with these matters as the law is always open to interpretation.

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


Wednesday, January 08, 2020

Networking 101 - You need to connect the dots

Networking  101 - You need to connect the dots

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

I must be quite honest here – I am often amused by people, who when I call them up to set up an appointment say something along the lines of “well I don’t think I need your services and I can’t see how you would need mine, so I’d rather not waste your time .. .”

You see, it’s not just about whether I have something to sell that you don’t necessarily want to buy or that you don’t need.

It’s not about whether I need or want to buy whatever service or product that you might be selling.

For me it’s about understanding more about what it is that you do, so that if I come across anyone that may require your services or products, I will be able to refer them to you.

It’s about you understanding more about my business, so that if you come across anyone who would need my services you could refer me.

It’s not necessarily about you, but it may become about who you know that I don’t know and who may want to do business with me.

It’s not necessarily about me, but it may become about who I know that you may want to get to know and do business with.

It’s not about what we know, it’s about who we know and more importantly, it’s also about who we know, who others don’t know and yet perhaps should know.

So when you get a call from me requesting a meeting to discuss “possible synergies and to explore mutually beneficial business opportunities”, understand that it is not only for my benefit or even your benefit but it could be for the benefit of both you and I, as well as everybody else that we know.

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

Tuesday, January 07, 2020

Business Tips – Rising to the Occasion – Part 1

Business Tips – Rising to the Occasion – Part 1

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

As small Business Owners and Entrepreneurs we all understand and are often touched by the adversity around us.  From political unrest and uncertainty to financial and economic recessions and troubles.  These are indeed, very trying times but also very exciting times.

Here’s the thing though – at some point in our lives, trouble will visit with us.  Even during the best of times, trouble comes to visit.  Trouble has many faces and many forms – trouble can visit in the form of an illness, or a fire or business ruin or financial challenges.  Whatever form trouble takes, it will visit.  The challenge of course is how we deal with trouble.

Many of us not only deal with every day challenges or the small irritations that life throws at us, but also have to do with some of the big things too.

Strangely enough though, it is the way that we deal with the small irritations in life that will usually determine the way that we will deal with the big things in life.

Disasters are big and in their hugeness, it is difficult to ignore them – they aren’t going to go away and you cannot hide them under the carpet or in the cupboard.  They are ‘in your face’ and you have to deal with them.

The real test though, for me anyway, is how to deal with the everyday little issues.  Those constant daily irritations that buzz around our heads like an army of mosquitoes?

Issues such as (but not limited to) getting enough rest or looking after our health or even spending quality time with our families and loved ones.  These issues are not the dramatic disaster kind and they don’t appear to be urgent, yet many of us ignore them hoping that they will go away.  For example neglecting your wife/husband and family won’t have any major effect in the short term. The long term effects though could be divorce or estrangement.  How sad is that?  In this particular example, it’s the small, daily, irritating mozzie that has grown into a tsunami that is causing the major problems.

People who are successful or who are high achievers, always expect challenges, in fact many of them welcome challenges because it’s in the dealing with the problem that they get to stretch their minds and their problem solving skills.  You will also find that most of these people, whilst they are realists – are also optimistic about life. They believe in themselves and understand their strengths and they are determined to put the changes in place.  They are determined to meet life head on.  They are also aware of the fact that as their success grows, so too will the number and size of their troubles. Most importantly too, is that they usually have a great sense of humour and know how to laugh at themselves as well as at life.

Next time we will have a look at some indicators on ‘how to’ solve your troubles before they become disasters.

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

Monday, January 06, 2020

Inspiration - Changes

Inspiration - Changes

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Today’s quote comes from our very own Nelson Mandela who says “There is nothing like returning to a place that remains unchanged to find ways in which you yourself have changed.”

I can only imagine how he must have felt as he returned to Robin Island as a free man, and saw again the harsh reality of his prison, still exactly the same as it had always been.

I can only imagine the hurt, the pain, the injustice and the anger that he must have felt all the years that he was a prisoner there.

Yet this man, for me – and I am sure for millions of people around the world, is a living example of what can be achieved, not only on the outside, but also on the inside.

It is within each and every one of us, to grow, to change, to evolve – yet many choose to live their lives in anger and in pain or as victims inside walls that they have put up.

I have made a conscious decision to put the past behind me, where it belongs and live my life in the present.  I have made a conscious decision to be all that I can and the best that I can be.  I have made a conscious decision to make a difference every single day of my life, whether that difference is in my own life, or in the lives of those that touch my life – I will make a difference.

I am growing as an individual because I have chosen to – what about you? Have you changed?

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