HR 101 – What to do When . . . You Want To Dismiss Staff? Part 6

 HR 101 – What to do When . . . You Want To Dismiss Staff? Part 6

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd

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

Staff who take part in, or participate in any way, in a strike that does not comply with the provisions in chapter iv of the Act, are by default, guilty of misconduct.

Please remember, just because they have taken part in an illegal strike, and that that is considered “misconduct”, it does not necessarily mean that they deserve to be dismissed.  It still has to be determined whether or not a dismissal is fair.

In these instances, the following needs to be taken into consideration:

- the seriousness of the contravention of the Act,

- whether any attempt was made to comply with the Act,

- whether or not the strike was in response to any unjustified conduct by the employer?

Before dismissal takes place the employer must firstly discuss the intended dismissal or any other action that they intend to take, with the trade union concerned.

The employer also needs to make it very clear, in simple language that all can understand, the terms and conditions of what is required and what the consequences will be, should they not comply with the requirements.

Once again the employees should be allowed a reasonable amount of time, in which to make a decision to either agree to the requirements or reject them.

Once again there may be instances where the employer cannot reasonably be expected to comply with these requirements, with the employees concerned.  In these instances, the employer may disregard the guidelines.  Again this must be documented and a copy retained in the employee’s personnel file.

Next week we will continue with the dos and don’ts pertaining to what needs to take place before an employer can dismiss an employee.

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

Blogging 101 – The Content – Part 7

 Blogging 101 – The Content – Part 7 

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Let’s face it – I write 5 new articles a week for my blog – that does not include what I write for the newspaper or the magazines such as Business Women or Your Business and it certainly doesn’t cover all the Policies and Procedures that I write for my clients – that’s purely just the blogs.  As you can imagine, my blog becomes, on occasion a voracious beast – seeming to devour everything, including me.  That said, it was my decision to write the blogs, it was my decision to share my knowledge and experience and research as I go along.  So yes, it’s my decision to post when I do.  That said, I know how I feel when I go to my favorite blog and notice that there are no new posts.  It feels like I have been abandoned!

For the record, I do not post blogs on South African public holidays and I ‘shut down’ the office from the 16th December to around the 2nd working week of the New Year.  So there will be no blogs on those days.  I know that recently there was a time when I just had to stop – I felt like I was having a meltdown – so much stuff happening, too little sleep’ and not enough Dreamtime or even rest.  What I should have done was posted something telling everyone that I was taking a break – people like to have consistency in their lives and reading their favorite blog on a daily/weekly/monthly (whatever time frame) means that you have to be writing their favorite blog on a daily/weekly/monthly (whatever time frame).  So again it is one of those “do as I tell you and don’t do as I do things!”

For many people, reading a blog (or any article for that matter) is them investing time in what it is that you have to say.  Time, as we know is money, so for them to be investing that time, is a great compliment to you.  For many, the justification for them taking time out of their busy schedule is a negotiation (usually an internal one).  The negotiation is this - “I am going to take time out of my busy schedule to read something that is interesting.”  So here’s the thing – what you write has to be interesting!  It doesn’t have to be funny (although that is my natural style of writing – so for me that helps), but it does have to be something that they want to read, something that is perhaps unique or something that is new, or even something that is satiric.  Even if the topic is one that the whole world is familiar with, make it interesting, look at it from a different perspective or from a different angle.  Even if you use ‘your observation’ as the foundation of your blog make sure that it is interesting and full of information,

Next time we will look at a few more points about the content of your blog.

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 

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 learned 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 learned that by ‘following’ them (and I don’t mean in a stalkerish type way) and by 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 learned 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 learned from a Master – my progress was far better when I learned from a Master.

In fact, one of the first lessons I learned 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 Gurus” 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 are 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 learned 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 learned not to hide my light but to let it shine brightly.

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

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

I have learned that I need to learn on an ‘ongoing’ basis -  not only to learn but also to implement and share what I have learned. 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 learned 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 learned 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 others 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 

Business Tips – When is “too much” Too Much?

 Business Tips – When is “too much” Too Much?

By Nikki Viljoen – Viljoen Consulting  

It was really interesting for me to realize that the 80/20 principle works, not only in specific areas such as 80% of your clients often only bring in 20% of your revenue but also in general.  I have come to realize that generically speaking, 80% of my results come from 20% of the actions that I perform.

How cool is that?  Actually, the reality is that we should simplify it even more.

Whilst many of us have several irons in the fire, we function better and are more successful when we focus on one or two things at a time and make them work instead of giving only ‘fleeting’ attention, time, and effort to a great number of things that we are involved in. Often the greater number of things that we see ourselves as involved in don’t even see the light of day.

Simplicity is the name of the game as I have learned time and time again.

Often complex and complicated problems are best served by simple solutions and often these simple solutions are actually right under our own noses.

Living life in the middle of clutter and in the middle of a hubbub of activity only makes it more difficult to see the simple solution.

Don’t get me wrong, at no time should all the opportunities and ideas just be discarded – there will be room for many of them to blossom and grow at some stage – just not all at once and just not right now.

So as the KISS acronym goes “Keep it simple stupid”!

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 

Inspiration – Living Each Day

 Inspiration – Living Each Day

By Nikki Viljoen of  Viljoen Consulting (Pty) Ltd

Today’s quote comes from an anonymous donor who says “Live each day as if it is your last, but start each day anew.”

Live each day as if it is your last!  What a statement!  What a mindset change!  What a lifestyle change!

I am of the opinion that we are all very guilty of becoming complacent.  Of taking life and our lives for granted or for just going through the motions of living.  In reflection, this is very sad and such a waste.  

Then there are those who often live each day as their last, but very seldom start each day as a ‘new’ day – they drag every hurt and perceived wrongdoing through the dawn with them, making the burden of ‘living’ the day as if it were their last a very burdensome one.  Thinking on it, logic must tell you that the lighter the load the easier it would be to live the life, so to speak.

So it is my recommendation that we try to recognize what needs to be done on a daily basis, deal with what can be dealt with, accept what can be accepted, and discard the rest – just walk away, it will not serve you in any way to hang onto feelings and emotions or perceived slights and transgressions.  

In fact, not only will they not serve you, they will drag you down and in dragging you down, they will prevent you from living each day to the full.

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 Want To Dismiss Staff? Part 5

 HR 101 – What to do When . . . You Want To Dismiss Staff? Part 5

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd.

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

Following on from last time. So what exactly would be considered as “fair practice”?

Let’s examine this a bit more.

Firstly the employer must ensure that a proper investigation takes place in order to ensure that there are grounds for dismissal.  Whether or not this is a formal inquiry at this point does not make any kind of difference as this is just the preliminary investigation.

Once it is ascertained that there are sufficient grounds, the employee must be notified in writing, that there are allegations and what these allegations are.  Remember to use language that the employee will understand – so in essence – keep it as simple as possible.

The employee should then be allowed to respond and state their case or give circumstances etc. around why they did whatever it is that they have been accused of doing.  They have to be given the opportunity to answer to the charges or allegations made and give their own explanation.  This is usually when the disciplinary hearing would take place.

The employee also needs to be given a reasonable amount of time in which to formulate a response to the allegation(s) or charges that have been levied against them.

The employee is also entitled to request and receive any assistance that they may require from a trade union representative or fellow employee and may even ask for assistance from the HR department if they are not sure of the process or how to proceed.

After the inquiry has been held, the employer must advise the employee of whatever the decision is that has been made.  This advice or notification must be made in writing and a copy retained in the employee’s records.

Any disciplinary that is taken against trade union representatives or any employee that holds any kind of office bearing position or any official of a trade union, should not be taken without first notifying the trade union.  The trade union should then be consulted before any action is taken against that particular staff member.

If the decision is taken to dismiss an employee, the employee has to be notified in writing that they are being dismissed and of course the reason for the dismissal.  At this point, the employee has to be reminded of their rights in terms of the appeal hearings and their right to refer the matter to a council with jurisdiction or even to the CCMA for mediation or to any other dispute resolution, in terms of the employers laid down, or previously negotiated and accepted policies and procedures, or any other policies and procedures that have been established and agreed to by means of a collective agreement.  

There are obviously exceptional circumstances where the employer cannot reasonably be expected to follow these guidelines and in these instances, the employer would then document the reason why these guidelines could not be followed and copies of this documentation must then be retained and filed in the employee’s personnel file for future reference.

It is a legal requirement for employers to keep and maintain records for each employee.  All transgressions, whether they resulted in a disciplinary hearing or not, should be recorded in the file together with any hearings that may have taken place.  Actions taken against the employee by the employer must also be recorded and maintained as well as the reason that these actions were taken.

Next week we will look at Dismissals and Industrial Action.

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 

Blogging 101 – The Content – Part 6

 Blogging 101 – The Content – Part 6

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Many of us read a huge number of blogs everyday.  In fact, many of us get all our information in an electronic format. I know I do – it’s easier to get the daily news that way – I get to read it when it’s convenient for me to do so.  I get IOL (Information on Line) as well as Mail and Guardian twice a day – that’s reading 4 newspapers a day (and I don’t kill any trees either) as well as several weekly and even monthly, or bi-monthly newsletters that I subscribe to.  That’s a huge amount of reading and a huge amount of information, don’t you think?

When you consider however that according to statistics over 900K posts are uploaded every day, together, what you and I read is a drop in the ocean actually.  That said, I do have a day job and cannot (as much as I would like to) spend the whole day reading – so it is very important for me to choose newsletters or blogs that give me information that is relevant to me.

Catching my eye and getting me to subscribe to your blog is difficult at best but getting me to stick around and religiously read all of your articles or ‘wonder of wonders’ eagerly await the next one, is your greatest challenge.

Herein lies your personal challenge – you have worked hard to cultivate and grow your audience – you have to work even harder to keep them enthralled!

For me, staying true to my topic is what will ensure that I bring my readers back time and time again.  The information that I provide and the fact that I share my knowledge, my experience, my expertise, and my research, make me a very empowered entity.

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 

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. 

In order 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 as you (as the Leader) do.  People who are just as inspired by the end goal as you (as the Leader) are. 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 

Business Tips – Intellectual Property

 Business Tips – Intellectual Property

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Let’s start at the very beginning – what exactly is Intellectual Property?  If it is something to do with an ‘Invention’ or perhaps something that is associated with a particular product, then don’t leave out things like designs or even copyright?  Would you consider any of these IP (Intellectual Property)?  The reality is that it is all of these and still so much more.  It’s also about all the information that you have in your head and how you use it.  Think about it for a minute – if you go to the doctor, you would not even think twice about the fact that you would need to pay them – you would automatically expect to pay them.  Yet people think that they can phone me up (whether they actually know me or not) or mail me and ask for all sorts of advice on whatever topic they think that I might be versed in and expect to get that information for free. Or my latest pet hate, send me a “Please Call Me” or even a “WhatsApp” message that starts out with the word “Hey!” – what does that actually even mean?  Why is that do you suppose?  Is it because I don’t have an “MD” or a “Ph.D.” behind my name? Here’s the thing though, just because I don’t have a degree behind my name, doesn’t mean that I haven’t paid my dues, one way or another!

The reality of the situation is that I have the information and I have in it my head, I don’t have to do the research.  Much of the information that is in my head had been gathered over a period of almost 50 years.   It’s information that I have paid dearly for, with my time, with my sweat, and with my insatiable curiosity.  I have done without, in many instances, to get my hands on the information.  I have struggled and been tenacious in my quest to get there and do it.  That’s not to say that you could not go that route yourself – much of the information is freely available – what it will cost you is your time, your ability to understand the information, and often the price is the cost of your experience.  

The problem here, as I see it, is that you want the information now.  It’s instant gratification that you want.  You don’t have to want to go and look it up on the internet or spend some time in a library or even experience the thrill, the taste, or the pleasure of it.  You just want the answer and if I am the only one to be in a position to give it to you right here and now, well then my dear, that makes it my Intellectual Property and that gives me the right to charge you either the time that it takes for me to give it to you and for the actual information or both.  Of course, whether you are prepared to pay for it would also come into play, but make no mistake – it’s mine to give or withhold as I see fit.

Mentoring is something that I am very passionate about and it is something I really believe in.  I have a mentor and there have been several people over the years that I have mentored.  That said, I don’t necessarily believe that it is your God-given right to demand a mentor or even expect a mentor to give you anything for nothing – even mentor’s need to put food on the table and what kind of mentor would I be if I gave you everything of me and in me and then starved to death – not a very good example I’m afraid!  So where is the line between what I am prepared to give out for nothing, nada and with love and no expectation, and where I get to a point where I say ‘enough now – you have to start paying or reciprocating in some way’?

I recently had an experience whereby I was asked by a colleague to mentor someone (let’s call her Jane).  Jane got halfway through a university degree, she then dropped out because of financial constraints and now Jane works as a clerk for a corporate company.  Jane now wants to become an Internal Auditor and wanted my help.  Let me be clear on that Jane wanted my help, I didn’t particularly want Jane in my life!

It was pretty clear from the get-go that as much as Jane wanted the help, she didn’t want to pay for it and certainly, she did not want to be inconvenienced in any way.  In other words, Jane wanted my help but Jane wanted help in her time and on her terms.  Jane never phoned when she said that she would, she didn’t get back to me when she said that she would and when we eventually did commit to a meeting, she didn’t pitch – not only did she not pitch but she also did not even have the good manners to contact me and tell me that she couldn’t make it.  

How rude!

How absolutely disrespectful!

When I reacted and charged Jane for wasting my time, not the consultation you understand and not the mentoring – but for wasting my time, Jane had a conniption fit!

Poor Jane – you see, she may not pay me, but I will still have the knowledge that she wants and now will not get, and quite honestly money is something that is very easy to generate.  

Me, what don’t I have - well thankfully I don’t have Jane!

You, what do you have?  Do you have a mentor with the Intellectual Property that you would love to have and do you treat them with respect or do you ‘trash’ them, much in the same way that Jane tried to ‘teach me a lesson’ by refusing to respect me, by refusing to understand the value of what I could have given and shared with her?  

I wonder, what is my Intellectual Property worth to 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 

Inspiration - Listen

 

Inspiration - Listen

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

The quote today comes from Shel Silverstein, who says:

“Listen to the mustn'ts, child.

Listen to the don'ts.

Listen to the shouldn'ts, the impossibles, the wonts.

Listen to the never haves, then listen close to me...

Anything can happen, child.

Anything can be.”

There have been an inordinate number of people, of late, who have been demanding that we listen to them.  A huge number of these have been the doomsday orators whose predictions of the future of this country do not bode well for us.  This has resulted in, sometimes quite prolific debates, which have resulted in bruised egos and battered self-esteem.

Oh, please don’t get me wrong – I believe that intelligent debate is a good thing.  Apart from hearing, listening (and those are two entirely different things believe it or not), and understanding a situation from a completely different viewpoint, a good debate also ‘stretches’ the mind, and quite honestly I’m all for that.  What I am having difficulty in understanding, is why some people are ‘hell-bent’ on declaring South Africa, hopeless.

I find it disconcerting, and frankly, a little insulting to have to listen, on a continual basis, about how this country is ‘going down the tubes’.  Quite honestly, if they spent as much time doing things to improve their lot as they do bemoaning the fact that they don’t have one or because of apartheid, they still haven’t found one, I have no doubt we would be a lot further along the road to recovery than we currently appear to be.

I am astounded by the amount of energy that they are willing to use in order to beat their breasts and cry ‘woe is me’ and list all of the bad things that are happening around us, and yet they are unwilling to spend a fraction of that energy in looking for something good that has happened!

So here is the deal.  I am no longer prepared to listen to these people, I am no longer prepared to waste my time and energy trying to change their minds and show them the good around us.  I am, in fact, no longer prepared to have anything to do with these people – I know that that sounds a bit harsh, but that is exactly how I feel.

Instead of wasting time and energy on them, I will be using my time and energy to find the good, to change what’s wrong in my own life, to make a difference in the lives of others.

If we all just had one positive thought, if we all just made one positive statement and if we all just shared one positive thing with each other on a daily basis, I have no doubt that this country would be a fabulous beacon of shining light.

So what are you going to spend your energy on today?

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

 

 

HR 101 – What to do When . . . You Want To Dismiss Staff? Part 4

 HR 101 – What to do When . . . You Want To Dismiss Staff? Part 4

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd.

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

So here we have George, who has now attended his disciplinary hearing for a) stealing stock and b) hitting Simon.  Now what?

Well, generally speaking, it would not be the right thing to do, to dismiss an employee for a first offense.  Obviously, there are always exceptions, depending on the severity of the offense!

Some of the examples of serious misconduct are, but not limited to, and it should be noted that each case has to be judged on its own merits;

• gross dishonesty

• willful damage to the property of the employer

• willful endangering of the safety of others

• physical assault on the employer

• physical assault on a fellow employee

• physical assault on a client and/or customer

• gross insubordination.

If the case does not meet the requirements of section 188, which states

(1) A dismissal that is not automatically unfair, is unfair if the

employer fails to prove-

(a) that the reason for dismissal is a fair reason-

(i) related to the employee's conduct or capacity; or

(ii) based on the employer's operational requirements; and

(b) that the dismissal was effected in accordance with a fair procedure.

(2) Any person considering whether or not the reason for dismissal is a fair reason or whether or not the dismissal was effected in accordance with a fair procedure must take into account any relevant code of good practice issued in terms of this Act.51then the dismissal will not be fair.

When the chairperson was deliberating on whether or not to impose the penalty of dismissal on George, not only should he take into consideration the gravity of the misconduct but he also has to take into account other factors such as, but not limited to:

• length of service

• previous disciplinary record

• personal circumstances

• the nature of the job

• the circumstances of the infringement itself.

The chairperson also has to take into account what the penalty was for any previous case, in which the circumstances were the same.  You see all employees have to be treated in the same manner – so if there was a previous case such as this, the penalty has to be the same as this.

Next week we will have a look at what a “Fair Procedure” would be.

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

Blogging 101 – The Content – Part 5

Blogging 101 – The Content – Part 5

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

One of my greatest complaints about blogs and  . . . well any kind of written piece actually, is the language or terminology that is used.

Now don’t get me wrong, I am definitely not talking about foul (bad) language or disparaging remarks of any kind, I am talking about the frustratingly difficult terminology that some folk use to try and impress.

Quite frankly, I am the least impressed and all that they really achieve is bamboozle those that they are actually wanting to reach out to and they seriously confuse the rest of us.

What’s the deal anyway?  Why is it necessary to use big words that often don’t even mean what you want to convey, instead of just telling it like it is?  It becomes a whole ‘bullshit baffles brains’ (and we all know exactly what that means) kind of article.

What does it mean anyway, if I know big words and use them?  What have I proved at the end of the day?  Pretty much nothing hey!

Most likely, I have chased a whole lot of potential readers away.  Most probably, they will never return again and it’s very, very likely that they will go elsewhere to feed their information requirements.

Using big words, when a simple one explains so much more, just shows in my opinion, that you are perhaps just a little frightened of being . . .  well you.

Playing ‘devil’s advocate’ however, means that I get to share some of my favorite words that are no longer used much anymore in today’s terms.

Words like “umbrage” and “pontificate” have a sense of the dramatic and they conjure pictures of long lost days and ‘throwing down the gauntlet’ and honor amongst men (and women too) and . . .  see there I go again.

Using simple words that everyone can understand on a topic that you are passionate about in a field that you are the expert in (or that you have hopefully done the research on) is all that you really need to get the reader interested and sure to keep coming back.

So keep it simple!

See you next time, when we will look at some more issues around some of the content that should be in your blogs.

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 

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, our 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 objectives 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 has given you insight into how you as a Director, can make a difference, just by 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 

Business Tips - Using your Voice

 Business Tips - Using your Voice

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

It is said that “You never get a second chance to make a good impression and it only takes 15 seconds to make that impression.”

Rightly or wrongly the fact of the matter is that it’s the ‘visual’ – all of you – yes, warts and all, that ultimately contributes to the creation of that impression.  It’s your appearance, your attitude (portrayed by your body language), and even your voice that people first get to see or hear, and they then make a judgment on who you are, based on that.  Really crazy, but that is the truth of the matter.

Much has been stated on your appearance and there are style and image consultants galore, who will mold you and dress you and ensure that you are wearing the right clothes, in the right colours, with the right shoes and the right accessories, the right makeup and the right hair colour/cut/shape (insert what you will here).

Still, more has been said about the eating of food and the diets that go along with them to get you into some sort of shape (other than round) and that will greatly enhance your appearance.

Don’t for a minute forget all the coaching, counseling, and hours that you spend, at great expense I might add, getting a good a healthy attitude adjustment.  Making sure that your head is not only screwed on tightly but also facing in the correct direction.

On a personal note though, there is nothing more strange and off-putting for me, than meeting the most beautiful woman on the planet and then when she opens her mouth to speak, out comes something that can only be described as a high pitched squeak in a clearly phony American/English/French (insert what you want here) accent!  Or how about the very tall, extremely well built, slightly bronzed next James Bond, with the dashing smile and rippling muscles, who opens his mouth only to sound like my neighbour’s 13-year- old son, whose voice is changing?

Quite honestly, when I am confronted with voices that sound like these, I am so busy trying to keep a straight face and not burst out into gales of laughter, that I have missed whatever it is that they are trying to say.

The point of the whole article is to highlight the fact that it is clear that good vocals and good speech also is of vital importance to the package that is you and will contribute greatly in the selling the concept, service, or product that you are trying to sell.

Phony accents and voices that are clearly ‘put on’ do huge amounts of damage to your credibility and therefore to your value.  If you are putting on a fake accent or voice – what else about you is fake and phony.

Imagine hearing a presentation done in an unnaturally high-pitched voice with a phony accent.  How much of that particular presentation would you actually hear and how much of what you have heard will you actually believe?

Research shows that people who converse in a ‘rich resonant voice, in the lower frequencies’, irrespective of whether they are male or female, are usually seen to be more sincere and credible.

So, if you have a problem with a voice that is high pitched or nasal sounding or monotonous and flat, perhaps it would be a good idea to invest in some professional assistance and advice – for the sake of your business.

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

Inspiration – Living Your Life With Passion

 Inspiration – Living Your Life With Passion

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd 

Several years ago, I undertook to interview a whole bunch of employees to ensure that they were in fact working the correct positions.  You see, over the years, things had become discombobulated and people were given work to do just so that they could put food on the table, and often others were moved into other positions to accommodate them.  I am sure that you can understand that this caused quite a problem.  So in an effort to put the right staff in the right positions – I had to interview them and then compare what they were doing to what they were capable of doing or were trained to do to what they wanted to do.

Why am I telling you this?  Well, you see one of the questions that I asked was “What are you passionate about?”

The scary thing about asking this question is that many people answered with an “I don’t know!”  It broke my heart and made me really sad to think that there are so many people out there who have no passion, who work at jobs that they do not enjoy and that are quite meaningless to them, except to put food on the table and allow them to ‘exist’ in life.  How sad is that?

So ask yourself these questions and then answer them honestly:-

1. Do you know what your passion is?

2. If you did not have to work for a living what would you like to do and why?

3. If you just won R100 000 000, what would you do once you had bought the house and the car and done the holiday and why?

Most people just generally want to be healthy, or wealthy or just plain happy or another favorite is to ‘spend time with my family’ or even ‘travel the world’.

That’s all very well and good, but there is more to life and quite honestly, there is just so much time you can spend with the family and just so much time you can spend living out of a suitcase and traveling the world before you will feel the need or the desire to do something else.  What is that something else?  What is that need or that desire?

Once you can answer that question you will have the answer to what your ‘life’s purpose’ is and when you know that - your passion will surface.

Be warned though, it will not just surface – it will erupt from the core of your very being, it will be uncontrollable and it will fill your mind every waking hour.  Once you have found it, nothing will take its place.  Suddenly, what you want to do with your life will become very clear and how you get to it or achieve it will engulf you.  It is one of the most enriching and fulfilling feeling that you will ever experience.

So don’t tarry!  Find your passion and start living your life to the fullest.  Achieve your potential and reach your goals.  Your life will never be the same again!

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 

HR 101 – What to do When . . . You Want To Dismiss Staff?

 HR 101 – What to do When . . . You Want To Dismiss Staff?

Part 3

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd.

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

As usual, our protagonists are standing by to make this journey just that little bit more understandable.  We have Mike the Business Owner and George the worker.

Let’s give ourselves a little bit of a story so that we can understand the finer details.

This particular incident is going to be one of Misconduct.

Mike owns a string of retail stores, with most of them being in the bigger malls.  George is one of the workers in the warehouse.  George has been with the company for 5 years.  Mike has a warehouse in Johannesburg and the stock that is required by the stores is disbursed from the main warehouse in Johannesburg.  

Mike has a reward program in place, whereby the employees do not get bonuses as a 13th cheque, but rather a profit share as a percentage, based, not on turnover, but on net profit.  In this way, the expenses and shrinkage are kept to a bare minimum, by the staff themselves, as they obviously want to share in the highest obtainable profits.

George was caught stealing by another warehouse worker, let’s call him Simon.  Simon, justifiably angry (remember George’s stealing has a direct negative effect on Simon’s bonus), states that he is going to report the incident to the Warehouse Manager, let’s call him Andrew.  George also gets angry and punches Simon in the face, breaking his nose and his jaw.

Mike has a proper set of procedures in place including a ‘Code of Conduct’ and since he has been in business many precedents have been set.  The Procedure Manual is readily and easily available to all staff members and in fact as and when procedures are updated and new ones introduced – the procedures are circulated to all the staff members who sign evidencing that they have not only read but also understand the procedures.

Most of the staff, certainly those that have been employed over a long period of time know and understand that that ‘theft’ is a dismissible offense as is ‘striking’ another employee.  The staff understands the limits and those same limits are documented in the ‘Code of Conduct’.

George is advised, in writing, that he is to make himself available for a disciplinary hearing and that the charges are ‘Gross Misconduct, in that he removed Company  Property from the premises without the required approvals and documentation and that he struck a fellow worker, breaking both his nose and his jawbone.”

This is not the first time that George has been in trouble at work and Andrew has had to both counsel and discipline George on several smaller infractions.  A fully documented record is available in George’s Personnel File and it is clear that Andrew has tried, on countless occasions to get George to change both his attitude and his self-destructive behavior.

You see George has a really aggressive nature and a terrible temper and there have been occasions where George has sworn at fellow workers and other incidents where George has either pushed or shoved other workers.  

George has quite a history!

In view of the fact that most of the other incidents were of a minor nature, George was counseled regarding his behaviour and he has fully understood that his attitude needed to change in order for his behaviour to change, but George has not heeded any of the advice and despite being on a Final Written Warning, he has now committed a really serious offense that carries a ‘dismissal’ action.

George still has to be taken through the whole disciplinary procedure though, he cannot just be dismissed out of hand.  The disciplinary procedure itself must still be ‘fair’ and should be chaired by an ‘impartial’ person and evidence needs to be presented and the testimony of witnesses from both sides still needs to be heard, collaborated upon, and carefully weighed before any kind of judgment is made.  In this case, however, in all probability, George may also face criminal charges of ‘aggravated assault”, as well.

George’s situation, at best is precarious. 

Next week we will look at the Disciplinary Procedures relating to dismissal for misconduct.

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 

Blogging 101 – The Content – Part 4

 Blogging 101 – The Content – Part 4

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

We all look at newspaper headlines as we whizz all over town on our daily travels.  Many of them make us angry, many more make us very curious.  Some make us curious enough to even buy the newspaper to see what it’s all about.  Sadly though, often the heading is misleading and sometimes the heading doesn’t even have anything to do with the actual story.

Now the bottom line is that I am not a journalist, I have no formal training in terms of writing, but logic tells me that the heading for any story should, not only reflect the gist of what the story is about but also catch the eye of the person whose attention it is that you want to get. It has to make them stop in their tracks and want to read what you have written.  It has to make them want to read more of the story and it has to make them want to join in the conversation and at least have an opinion.

What it also has to do though is uphold the promise of what is to follow.  Having an absolutely “Knock Out” heading that is followed by non sickle ramblings of a boring mind, will not serve your purpose!  In fact, more often than not you will lose the reader – they may not come back and they will no longer be enticed by clever headlines and sweet promises of what is to come, that are then followed by stories that have no depth or substance.

Finally, always respond to the comments that others make, even if it is only to acknowledge their comment.  Think about how you feel when you write something and no-one makes any kind of comment.  They neither agree with you nor do they disagree and I guess in some ways that is not a bad thing.  On some level though, it worries me that many people do not have an opinion at all.  Sadly that is how many live their lives.  So respond, acknowledge, engage with people who have taken the time and trouble to engage with you.

Pick your topics, do the research.  Take the information that you have found, have fun with it – turn it into a story, and share that story in your blog.  Remember though, you have to take the first step!

See you next time, when we will look at some more issues around some of the content that should be in your blogs.

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 

Leadership 101 - The Role and Responsibility of Directors

 Leadership 101 - The Role and Responsibility of Directors – Part 15

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

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

I doubt that any of us enter into a contract with either a client or supplier (or even a partnership or joint venture) with the intention of the whole thing going belly up or us getting into a fight that seems to have no way to resolve the issue or move forward in any way.

Here’s the thing . . .  it does happen and when it happens there must be some way to break the deadlock and find a resolution.

Taking the issue to court is both expensive and hugely time-consuming as it can take years to find an acceptable redress and often the outcome can be both variable and unpredictable, which can also have a negative impact on the Company’s reputation.

As usual, it is a good idea to be proactive and have an ADR (Alternative Dispute Resolution) in place.  It allows the Boards and Directors to find more creative ways to manage dispute resolutions and it is also one of the ways that good governance can be maintained.  ADR is recommended and forms part of the Director’s fiduciary duties.

Here are some of the questions that Directors should be asking:-

1. “Is our organization involved in significant disputes.” If the answer is yes, then clearly there is a problem that needs some attention. As always prevention is far better than cure and perhaps it is time to change your mindset and find a better way to do business, one that does not always end up in a dispute.

2. “What do these disputes teach us about our customers/suppliers and our own approach to business?” It a hard question to both ask and answer, but it is definitely one that needs to be asked.  What is the actual lesson and have you learned it?

3. “Has negotiation failed in these disputes?” If so why? Again, this is another one of those hard questions, but when you find the answer and you make the necessary changes it will enhance the functionality of your business in ways that you could never imagine.

4. “Can we consider an ADR process? E.g. mediation, conciliation, etc.?”

5. “Has the organization considered adopting a dispute response plan?”  If the answer to this one is no, then clearly something needs to be put into place.

The next step of course, if the decision is to go ahead with an ADR plan, is to brainstorm and list the suggested alternatives.

Clearly, a lot more for the Directors to think about and agree upon,  don’t you agree?

Next time we’ll tackle the final issue in the series and that is the Remuneration of Directors and Senior Executives.

 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 – Unlocking Our Hidden Potential

 Business Tips – Unlocking Our Hidden Potential

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

I seem to be on a mission lately to discover exactly what makes me tick, particularly in terms of business.  I seem to have these brilliant (well I think they are brilliant and only my opinion counts here) ideas and that’s where they end.  Sure, everyone who hears what I have to say also thinks my idea(s) are great, but still, nothing happens – clearly, I have to change something.  A little research got me to this.  

1. Thinking and planning ahead.

How difficult can that be I thought!  Ja right – apparently the trick is to go forward in time to 50 or even 100 years from now irrespective of whether you see your product and/or service (not to mention to yourself haha) lasting that long.  It has something to do with shifting your mindset and allowing it to project into the future.  Anyway, I digress – from there you have to work backward and create a ‘vision’ plan.  You do this in blocks of ten years at a time and it is very important to ask and answer the questions of “who, what, where, when, why, and how”.  For example, who will be your target market and whether it is local, national, or international.  The “what” would be either the product(s) and/or the services that you provide and so on.  Getting this practice right will tell you exactly how you are going to achieve your objectives and therefore your business goals.

2. Getting hold of the data inside our own heads.

I am sure you’ve all heard about how little capacity we actually use of our brains. It has been suggested that we use something like 10% of our ‘conscious’ minds and the rest of all the information, memories, data, knowledge and what else have you is then stored in our ‘sub-conscious’ – how one would actually measure this is beyond me, but then again I am no expert.  In any event, the idea here is that we should try and get into our ‘sub-conscious’ minds in order to access this very valuable data that is stored there.  Now the experts say that for a period of 21 days (I suppose to get us into the habit) we should write something brief on whatever we want to improve on our ‘leadership process’.  So for example if we have a problem with dealing with customers or staff, the more we write about it the more we’ll access our sub-conscious mind and the easier we will find solutions to the problem.

3. Improving and increasing productivity.

I am sure that you will agree that your staff will never have the same level of energy as you do, particularly when they are selling your product and/or service.  It stands to reason that they will never be as passionate about your business as you are – so logic must tell you that you need to motivate them to be, well almost as energetic or passionate as you are.  To do this you need to get them to participate in the exercise – you need to find out what it is that ‘drives’ them in terms of the work that they do or what would drive them and then use that information to empower them.  This means of course, that you would need to tailor their specific talents or skills or needs to what you need to be done.  It will become a win/win relationship and you will be amazed at the difference it will make.

4. Being Innovative and Creative.

Oh here is one for the history books!  Use your staff – I don’t mean in a nasty way, but use their individuality, their passion, and their creativity to help you (and them) see things more clearly.  One of the most common things that I am told by small business owners is that they often feel ‘lonely’ in business. In a Corporate environment, it is easy to ‘bounce’ ideas off colleagues or have ‘brainstorming’ sessions – when you are in business for yourself, however, you often don’t feel that you can ‘talk’ much less brainstorm with anyone.  Just because your staff ‘work’ for you, doesn’t mean that they will not have some great ideas – so talk to them, encourage them to come to you with those ideas.  If you have a problem – get the staff around the table and let them brainstorm with you, to find a solution to whatever your problem is.  You’d be amazed at what comes out of these sessions.  One of my clients does this once a month, usually about ideas on how to bring in new business and they have a prize, once a quarter for the best idea. Several of those ‘ideas’ now are bring in handsome profits.

5. Take responsibility

Taking responsibility for our own actions is one thing, but taking responsibility for something that someone else does is very difficult.  I had a friend once who, when her daughter and she were at loggerheads, would often stand back and say ‘She is acting like that because of what is happening in my life!’  Often who we are and what we are going through influences those around us and then their behaviour is a direct result of what we have done or are doing.  So when your staff are acting up or acting out – it’s a good idea for us you step back from the situation and see what is happening in you life that may have influenced their actions.  Remember you are responsible for putting food on their tables and they may just be trying to protect that.  Obviously, I am not talking about someone who is, say stealing – they would need to take responsibility for that, but someone who is out of sorts or is moody or is not doing the job in the way in which you want it done.  Take a look and see what the underlying problem is – look at the cause rather than just the symptom.  Talk to them, ask the question, open up the avenues of communication – let them know that you are willing to talk about issues.  It will make a great deal of difference to the way that they perceive you and often will be enough to ensure that perceptions and expectations are met.

Whatever you do and whatever your challenge may be, remember why you got into business for yourself in the first place – and don’t forget to have lots of 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 

Inspiration – Life’s Attitude to Us

 Inspiration –  Life’s Attitude to Us

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd 

John N. Mitchell says “Our attitude towards life determines life’s attitude towards us.”

Since I truly believe that I usually write about the things that I most need to hear myself, clearly this one is a good swift kick up my own rear end!

You see lately I have been a bit down in the dumps.  I work hard - really, really hard and lately things just haven’t been coming together as they should.

Deep down inside, in that part of you that knows the truth, I know that I am on the right road to fulfilling my life’s purpose, I know that I am doing what I am meant to be doing, and believe me when I tell you that I really do love what I do and I know, that I do make a  difference in the lives of many.

All that understanding and acceptance means nothing though when I look at my accounts receivable and then look at my empty bank account.  It really is way out of balance and I suppose it reflects the same sort of situation that many other people find themselves in.  What it also highlights for me, is the unscrupulous behaviour of some individuals who want service/product/assistance, but who know that they cannot pay for it.  People who don’t care about the damage that they may be afflicting on others as long as they get what it is that they want!

For the first time since I started my business in 2003, I have had to ‘hand over’ accounts – not only to the debt collectors but to the attorneys who have issued a summons.  Two individuals have had summons served to them, a third is about to be handed over and there are two more in the queue behind them.  Even sadder, is that these are not small amounts, each one on its own could be considered an entire month’s earnings.  Not an easy decision for me to make but certainly one that has had to be made.

Yes indeed, down in the dumps is how I was feeling!

Every lead and every avenue I tried seemed to bring me to a dead- end or a brick wall and I was getting to the point where I was beginning to wonder “What’s it all for?  All this struggle.”  I mean it really isn’t supposed to be like this!

Last week something happened though – through Networking I met a chap almost a year ago (let’s call him George) and he sent me an e-mail asking for some assistance in getting his policies and procedures in place.  I met with him and last week and as we were going through what his needs and requirements were he said something that knocked the socks off me.

He told me that since he met me all those months ago, he has read my blogs on a regular basis.  Maybe not every day, but certainly on a regular basis and that he learned a great deal from them – things that have assisted him in the day to day running of his business and that is why, now that he is ready to take the next step forward and get his infrastructure up and running smoothly, he knew that I was the person to assist him.

George went on to tell me that “although you may not be aware of it, you help countless people across the country with your tips and your blogs.”

I sat there quietly, absorbing the words and their meaning and having a huge Oprah “Ah-Ha” moment.

You see, my intent has always been clear – I know what I have to do and I know what path I need to take, and yes, sometimes I get distracted and I wander off the path.  Sometimes the timing is all wrong because the earth is governed by time in seconds through to years, decades, and centuries, as we know it – but the universe is timeless and it is not governed by time as we know and often I (being currently earthbound) am out of sync with the universe and this can cause me great distress.

The fact of the matter is ,however, that no matter how down in the dumps I was, no matter how I questioned and pondered and worried and stressed – I did just keep going – my attitude was in sync with my intent.

Suddenly though, I am no longer down in the dumps as George’s words were the affirmation that I needed to hear,  my mind shifted, my attitude became more positive and suddenly the world of possibilities, opportunities, and probabilities opened up again – as they should.

Since that meeting – I have entered into 3 more joint ventures and signed up 3 more clients, including George.

My actions – in me continuing going forward and just putting one foot in front of the other, despite my fears and doubts, brought about the meeting with someone whose words of affirmation changed my attitude.  That change of attitude brought the work back flooding into my space.

So the message today is that even when things appear to be really bleak, don’t give up – keeping ongoing – try to remain positive, your attitude will reflect in what, how, and when things come about for 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