HR 101 – What to do When . . . You Need to Compile a Job Description - Part 1

 HR 101 – What to do When . . . You Need to Compile a Job Description - Part 1

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd

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

In my experience, one of the greatest challenges in any small business is getting the paperwork right, particularly in the HR arena.

Issues of paperwork seem to pale into insignificance, when the focus is on getting the sale of the product or service, in order to ensure that there are sufficient funds at the end of the month to pay the bills.

Ironically, it is the lack of proper “paperwork” that usually becomes the downfall of the Company and this is especially true when it comes to the HR side of the business.

Landing up at the CCMA, with a difficult staff member, who has all the weight of the law behind them, because you – as the business owner – have not put all the requirements in place, could mean the demise of your business as the fines paid will eat into your hard-earned cash flow.  Some businesses and business owners never recover.

Ensuring that your staff have been notified, in writing, of their job descriptions and their duties is a legal requirement.  The law is there to actually protect the employer as well as the employee.  That perhaps is the first thing that we all need to understand.

The next thing that we all need to understand, is the difference between a “Job Description” and the “Duties” of the employee.  Most people that I come into contact with seem to think that it is one and the same – beware – it isn’t.

A job description is exactly that – it describes the job.  

Employee duties are exactly that, it describes the duties that the employee is expected to perform.

Let me simplify this a little more for you.  In some companies, particularly small businesses, an employee may be expected to perform several duties, for example, Jane Doe, may be employed as the PA and the Bookkeeper and she may also be responsible for shipping and sales as well.  So her duties (which is what goes onto the letter or contract of employment) are that of PA, Bookkeeper, Shipping clerk and sales assistant.  Therefore Jane Doe actually should have four different Job Descriptions – one for each of the duties that she performs and despite the fact that there may be “overlaps” on each one of them – in this instance, for example, she may be required to liaise with clients for issues pertaining to each individual duty, the fact remains that they are four extremely different jobs and each one must have their own Job Description.

In a big Corporate, often there is one Job Description for several employees.  Take for example a company that has several hundred sales assistants.  Each assistant would have the duties of a “Sales Assistant" on their letter of appointment, but there would only be one Job Description involved and that would be the Job Description of a Sales Assistant.

Writing Job Descriptions for me is not a difficult thing, but then that is because of the way that my brain is wired, however, it has become increasingly evident that for others it is one of the most difficult and challenging things to write – especially if the person writing it has no knowledge of what the actual job entails.  For example, George is an extremely talented designer and if asked could probably tell you to the nearest cm, how much fabric is required to make a particular garment.  That said, George in all probability would have no clue how to run a set of books properly.  Oh don’t get me wrong George would understand the basics of how to cost the garment and what have you, but the “nuts and bolts” of bookkeeping would not only bore him to tears, it is something that he would not understand.  Could you, therefore, imagine George writing a Job Description for the bookkeeper that he would need to employ?

In the big Corporate Companies, the person writing the job description is usually the Line Manager, and it would be written in conjunction with the HR Manager.  The Line Manager would understand and have experience in every aspect of the job or position that he would like fulfilled and the HR Manager would have the experience of how to put those requirements into a Job description.  In a small business, the business owner is usually the one who does everything that needs to be done, often without fully understanding all the requirements of the job as is evidenced by George the talented designer.

Next time, I will list some of the basic requirements.

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

Blogging 101 – Where Else to look for Ideas – Part 4

 Blogging 101 – Where Else to look for Ideas – Part 4

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd - December 2012

Last time we looked at the opportunities around Justice, Karma, and even the use of Satire, for inspiration or ideas for articles of interest that pertain to your particular passion.  Today we will have a look at a few more.

Lateral Thinking

I know that this one can sometimes be really difficult for people to get their heads around simply because many people are not lateral thinkers – so how about you try the word association game.  It’s the game where you start off with one word, any word – write it down, then when you picture that word in your mind, what is the next word or picture or thought that comes into your mind?  Write that one down and then the next and so on. Once you have finished you will find that you have written a really interesting blog, or a really hilarious one – depending on how your mind is wired.  I always have great fun with these and in fact, on the Business Master forum we sometimes, just for the fun of it do these, with different rules in place, such as (but not limited to) only 5 words at a time and only 3 posts a day and you cannot follow on from your own post.  They often go really pear-shaped because you have upwards of 20 people participating – different people, different mindsets, different ideas and different dynamics usually result in great fun!

Parents Wisdom

Do you remember, when as a kid, the stuff your parents said always was a pain in the rear end?  When I grew up, however, I understood the meaning behind the words – they took on a whole different life.  Actually, if the truth is told, there are many articles that I have written that contain snippets of stuff that my Dad used to say to me or even stories from my childhood.   

Writing those stories transported me to another time, to another place and they have brought back memories of sounds and smells and laughter and I have no doubt that they have transported the readers as well.  Don’t be scared to write about them, don’t be scared to share them – the sharing will empower you.

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

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

Networking 101 – Beware of Mixed Messages

 Networking 101 – Beware of Mixed Messages

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Craig Harrison says that the reason that Networking may not be working for you is because of the basic 9 mistakes that Networker’s make.  I will be going through these over the next few weeks and let’s see if this is what is holding you back.

The sixth mistake he says is “Leakage.  Is there an inconsistency between what you say what you do?  Your card may say one thing about you, your clothing suggests something else and the language and vocabulary you use further confounds strangers in getting a fix on who you are, what you’re about and your skill level.  Strive to send consistent messages verbally, non-verbally and in your materials and correspondence.  When everything works together the sum is greater than the parts.”

Whilst I agree that this may have some bearing on whether you are a good networker or not – my biggest gripe in this area is that of pre-judgement.  

Personally, I don’t really care what your card says, how you dress or what you look like, I am going to hook up with you to find out more about you, what you do and most importantly, who you know!

Too many times, I have watched people pre-judge someone only to discover (often when it is far too late) that the person that they dismissed “out of hand” is someone that they really should have hooked up with.

One of my biggest clients today is a chap that I met in a bar.  He was dirty and smelly, his t-shirt was torn and dirty and his shorts hadn’t seen the inside of a washing machine in a very long time.  We got to talking and I discovered he had just gotten back from a fishing trip and was having an ice-cold beer before going home to offload the boat etc.  He actually owns 4 different businesses, several boats, a “holiday/weekend” home on the Vaal and his own helicopter.  When he travels nationally, he “charters” a plane as he hates having to “wait” or be dependent on airlines.  Sounds like someone you would like to do business with, doesn’t it?

So my advice to you on this one is, don’t worry too much about what it says on the business card, or what the person looks like.  Talk to them and find out who they are and who they know!

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 

Business Tips – A Startup Never Closes

 Business Tips – A Startup Never Closes

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd  – June 2011

Judging from some of the queries and e-mails that I have been getting over the last couple of months, it is abundantly clear that the perception around business startups is really, really, really skewered.

I know that at the moment, everyone wants to be a “CEO” or a “Director” and that, in the face of things it is not a bad thing – it’s good to dream.  The reality though is that having a title won’t make your business a success and having a title doesn’t mean that you can sit back and delegate all the tasks and that’s the extent of your involvement in the business.

The reality is that as a startup – more often than not, you are not only the “CEO” but also the PA, the marketing department, the admin department, the tea lady (whether you are male or female) and the delivery driver.  The reality is that although your “doors” may close to customers at the end of the day, it is highly unlikely that your business duties will allow you to pack up and have the luxury of putting your tools down for the day.

Sadly many corporate employees look at their bosses or directors and see only what they want to see – the afternoons playing golf or the expensive cars or expensive clothes. What they don’t see is all the hard work, the 18 hour days and no weekends, no public holidays, the loss of family life.  They don’t see the working while you are under the weather and sick, and oh . .  don’t forget the trying to convince yourself that you were in bed for two days recuperating from a surgical procedure and those days amount to your time off for the next 6 months.

When you work from home, unless you control it, it actually becomes worse.  Going upstairs to bed at night, I more often than not turn right at the top of the stairs – into the office, instead of left into the bedroom.

I soon realized that no matter how “smart” I worked, I needed to put in the long hours in order to set things up and get ahead of the competition.  I knew that I had to make the sacrifices then, in order for me to reap the rewards further on down the line.

Needless to say, many would-be Entrepreneurs give up and fall by the wayside, disillusioned by the world of business – the reality of what it takes to grow and run a sustainable business, victims of their own shortsighted, un-researched, rose-tinted expectations.

Most return to the types of bosses from whence they came, blaming the government, the red tape, the economy and in fact everyone other than themselves, unwilling to take the responsibility for their own lack of judgment.  Some forage forward to the next pipe dream or hare-brained scheme of “instant riches” that can be amassed, again without any idea of “what it takes” to achieve the type of success that only successful people can make look so easy.

Understand though – in order for them to have achieved that level of success in their businesses, they have had to put in the time – they have had to make the sacrifices, often at the cost of their marriages, their families and their loved ones and they have had to remain focused on their goals. Ultimately they have had to believe in themselves.

The question is – do you believe enough in yourself and are you willing to make this kind of sacrifice?

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

HR 101 – What to do When . . . You Need to Conduct a Disciplinary

 HR 101 – What to do When . . . You Need to Conduct a Disciplinary

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

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

The mindset of most individuals is that the conducting of a Disciplinary hearing is a “waste of time”.  Whilst that may be the perception – it is really the only way that both parties, the Employer and the Employee, get to do battle in a way that is completely fair and without any emotion.

The Basic Conditions of Employment Act is very clear on the subject.

Staff can no longer just be summarily dismissed – the staff member is thereby protected from an employer hell-bent on dismissal.  Staff members, no longer get to do as they please and then get away with it – the employer is thereby protected.

There are now rules and regulations governing how things get done – this is called the Disciplinary Procedure.

Many cases have landed up in the CCMA, and been lost by either of the parties because the correct procedures were not followed and not necessarily because of the alleged transgression.

They are not difficult, they are completely fair and they can ensure a fair outcome.  If the employee is dismissed and feels that justice has not been served – they can firstly “appeal” the decision and if they still do not feel that justice has been served they can then take the whole issue to the CCMA.

Let’s step back a moment and see what the procedures are:

• The staff member must be served with a Notice to Attend a Disciplinary Hearing.

• The charges must be clear and concise.  

• The staff member must be given a minimum of 48 hours to prepare their case from the time that the Notice is served to the time that the hearing takes place.

• The staff member has the right to have representation (this means someone inside of the company – no lawyers at this point)

• The staff member has the right to have an interpreter if there is a need.

• The staff member has the right to call any witnesses if there is a need.

And guess what – the Employer has the same rights.

The Disciplinary must be chaired by an impartial person, who has not been involved with any of the issues leading up to the hearing being called for.  This way, both cases get to be heard without any pre-conceived perceptions.

The Chairperson must hear both sides of the story, before making a ruling.  The Chairperson can ask as many questions as they feel the need to, in order to reach a decision.

And finally, the penalty must fit the crime.  

Next week we tackle a new issue.

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

Blogging 101 – Where Else to Look for Ideas – Part 3

 Blogging 101 – Where Else to Look for Ideas – Part 3

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Last time we looked at describing how people use gestures, for inspiration or ideas for articles of interest that pertain to their particular passion.  Today we will have a look at a few more.

Justice

Here in South Africa, although I suspect it is the same the world over, there are more than many instances where people don’t get what they deserve.

Let’s turn it around for a change and put a positive spin on things - we are always very quick to complain when things are wrong, but how often do we give praise or make a big deal out of things that go right?

After getting intense headaches for a while now, I realized that I haven’t had my eyes tested for over 3 years now, so I promptly took myself off to a spectacle shop in the local mall and was told that my new glasses would be ready in about 10 days.  Yesterday, after only 3 days I got a call to let me know that the glasses were ready.  What great service this was – great savings on the deal and glasses ready, way before the expected date!  Well done guys!

Karma

Don’t stress it – I am not going all “airy-fairy” on you all.  The truth is though, that I do believe that what you give you get in return.  It is a simple philosophy, but one that has worked well for me over the years.  Again, there is always good karma and bad karma and again, let’s turn it around and focus on the good.

The really great thing about this type of “giving” though is that it doesn’t have to cost you a “financial anything”!  It’s about a kind word, or sharing some time with someone in need, or donating blood or even doing a “pro-bono” mentoring session with someone.  Or how about endorsing some else’s blog or website or tweet, with several reasons as to why your readers may want to go there.

Satire

This is one of my favourites and let’s be honest here.  With all of Zuma’s and Malema’s antics, not to mention the rest of the crew we have, here in South Africa there is an absolute wealth of material!  Hells Bells, look at what Pieter Dirk Uys or Trevor Noa or even Zapiro have done with some of that material – not only have they built careers and made a lot of money with it, but they have also highlighted certain political and sometimes even very sensitive issues, with humour and they have made us laugh (we South African’s love to laugh at ourselves), whilst all the while also making a difference.  Now, how cool is that?

My particular take on this is  . . . .  “so many articles to write and so little time”!

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

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

Networking 101 – Keep Your Focus

 Networking 101 – Keep Your Focus

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Craig Harrison says that the reason that Networking may not be working for you is because of the basic 9 mistakes that Networker’s make.  I will be going through these over the next few weeks and let’s see if this is what is holding you back.

The fifth mistake he says is “Unfocused conversation.  Networking is a chance to demonstrate focus, drive and confidence.  Aimless rambling is pointless and suggests you’re not a focused professional. Showcase your communication skills by expressing yourself succinctly and ask precise questions.”

This is also one of my greatest pet hates!  The only way that I can describe this to you is by telling you an actual story.  

There is a young chap, let’s call him John, who faithfully comes to as many meetings as he possibly can.  He is passionate about what he does, he is passionate about networking meetings and he really does see the value in them.  What can possibly be the problem, you may ask – well it’s like this – I have no idea what it is that he does!

I have been seeing him at networking functions now for the better part of almost two years, he is still doing the same thing (I think – there is no way to tell) and I still have no idea about what he does.  I have tried meeting him on a one on one so that he can explain it to me in greater detail and I was more confused than ever!

You see, when he gets up to tell his story, it changes all the time and it hops about.  It is so bad that I am not even sure if it is a product or a service and I am not alone in this, as everyone that I have spoken to is as confused as I am!

Sadder than that even, is the fact that he knows that I do not understand what he does and instead of trying to assist me to “get the point” he is amused by my confusion.  So amused, in fact, that his latest introduction of himself, starts off by him telling everyone that he will try and keep it short so that they will not be as confused as what I am.  How bizarre!

Perhaps a good way to deal with this is to set down points of what it is that you are trying to sell (product or service – let’s get that right from the beginning) and from there what the advantages are and the value adds.

Confusing the very people you need to assist you with contacts and referrals is just is not the way to go about things.  People need to understand what it is that you do in order to hook you up with the right people.

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 

Business Tips – An Abundance of Resources

 Business Tips – An Abundance of Resources

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Dr Renate Volpe, in her Leadership Insights nuggets, says “Interdependence requires a shift in perception from a belief in the scarceness of resources to the knowledge of an abundance of them.”

Wow!  What a profound statement and how absolutely true.  I think that on some level, as we grow into adults we begin to be ruled by our fears.  That’s just crazy – much like the ‘tail wagging the dog’!  Think about it for a moment – as children, we did not worry where our next meal was coming from or whether there were clean clothes to wear (or any clothes for that matter), we trusted that meals would arrive as would clothes and other necessities.  As we grew up though, we started the whole “fear” cycle.  We became afraid of things on many levels, where the money would come from to buy the dance lessons or the new dress that we absolutely have to have or even fear of how our peers saw and what they thought of us.

So we get past the raging hormones of our teenage years, which always add to the conflict and as young adults we enter the Corporate world (well the majority of us do) and here the fear really sets in – we’re scared of what our colleagues may think of us, or that they will get the promotion before we do.  We form, what we think are strategic alliances (much like the ones on the current Survivor series) and they generally fall down as none of us has been quite as honest and as upfront and as “transparent” as we should have been.  We grapple and grope our way to the top, stepping on toes and even heads of people as we strive to get ahead, because “well there’s only one position available and I want it!”

Hopefully, somewhere along the line, we have an Oprah “Ah-Ha” moment and our mindset changes and we see that actually, there is not only “one” position available but as many positions and opportunities as we are willing to see, available.

Even for those of us in our own businesses, the opportunities and abundance are there for the taking, all we have to do is actually see them and then do something about them.  

Remember though, that without the “action” there is nothing.  It doesn’t matter how many opportunities come your way, if you don’t do anything about them then that is all that they remain – an opportunity.

So open your eyes and look around you – if you are really “looking” and really “seeing”, you will be amazed at what is available.

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 – Powerful Words – Part 1

 Inspiration –  Powerful Words – Part 1

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd  

We all have those words or those sayings that “pick” us up when we are down – I know I do.  In fact, if the truth is told, I have this whole conversation that goes on in my head and often is actually uttered out loud (hopefully when no one is watching), that gets me out of whatever slump it is that I am in.

Let’s face it, when something untoward happens, it can mess with your momentum, your mood, your head and throw you completely off course.  This is when this whole soliloquy takes place and one of two things happen.  I either get really angry at what has happened and then I challenge everything or it gets me out of my funk.  If I get angry and challenge everything, then I have to wait until I have calmed down, have the conversation again and at that point, I can generally get on with life (hopefully going in the right direction)!

There are however some words that we can use that are generally accepted as “Power Words” that will assist us in getting our perspective right and boosting our confidence at the same time.  There are words that will motivate you and even keep you passionate about what you are doing irrespective of what may come your way.  Some of these words are (but are not limited to):

Acceptance:

So often we push ourselves really hard and then on top of that, we are really hard on ourselves if we don’t get everything done.  Here’s the thing though – we are human beings, not robots.  As humans, the reality is that there will be times when we are up and there will be times when we get down – that’s just life, in fact, both the ups and downs are necessary for us to function properly and for us to ultimately be successful.  The trick is for us to accept this and then deal with it effectively.  When we don’t accept who we are and the “ups and downs” of our lives, we then find ourselves in a situation where we can’t think clearly or innovatively and that’s just not a good space to be in.  The other thing of course that we often harp on the past – that doesn’t help at all, it just gets our minds into an absolute loop tape and we go round and round going nowhere.  Accepting that the past is exactly that – the past, and acknowledging what didn’t work makes it easier to understand what could work in the future.  The key though is to accept it, deal with it and then move on.

Planning:

Many of the failures that I come across in life can be directly attributed to a lack of planning.  People have a dream, a vision if you will of something that they would love to do, that they are perhaps passionate about and they go for it!  Nothing wrong with that and I will always say “well done”.  The problem comes in when they go from zero to 100 in an instant and leave out all the bits in between.  The bits in between, being mostly the planning!  Having the desire and the passion is really great and very little can be accomplished without that essence – that said, nothing will be accomplished without planning and certainly, very little will actually succeed without proper planning.  The research needs to be done properly to ensure that you are at least aware of what can go wrong and all the consequences of what your actions will be, both in the positive and the negative.  You have to know what to do if or even when something should happen. Write everything down – all the positives and what to do with them, all the negatives and how to deal with them.  Write it down, from the smallest detail to the biggest item.  Run through each scenario several times until you think you have taken everything into account and then go through it again.  Put timelines on everything, that way you will have a goal to reach and it will also keep you focused.

Next time we will have a few more words to keep you motivated.

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

HR101 - What to do When . . . Your Staff Want to Strike – Part 8

 HR101 - What to do When . . . Your Staff Want to Strike – Part 8

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd.

So far we have:-

1. Looked at when your staff cannot strike, and

2. We defined exactly what a strike is, and

3. We looked at when a strike is considered protected and

4. How to control strike action and

5. Replacement Labour and 

6. Lockouts.

7. Unprotected or Prohibited Strikes

Today we are the final instalment of this particular series and once again we are at the dismissals.  Your staff have embarked on an “Unprotected and/or illegal” strike, you have issued an ultimatum and they have not returned to work.  The ball is now in your court.

Remember though that you still have to decide whether dismissing them would be considered “fair” before you dismiss.  The Code of Good Practice (which we have already looked at in a previous discussion) on dismissals deals with three components that must be taken into account when deciding on the fairness of the dismissal.  To re-iterate, these are:

1. the seriousness of the contravention of the Act;

2. attempts made to comply with the Act, and

3. whether or not the strike was in response to unjustified conduct on the part of the employer.

Please note that although these are the three issues that the employer has to look at, the court is not limited to these only.

So, let’s have a look at the “seriousness of the contravention of the Act’.  If the employees have not followed any of the procedures as laid down by the Labour Relations Act, in all probability the Labour court, will have very little, if any sympathy for the employees who embark on an Unprotected and/or illegal strike.

What about “attempts made to comply with the Act”?  Again, if the strike is unprotected and/or illegal because the striking employees have not followed laid down procedures or followed the requirements of the Act, the court may have a little more sympathy, depending on the nature of the “failure” to comply.  Let’s have a look at this in a little more depth.  Let’s say for example the striking employees really believe that the strike was protected – the court may have more sympathy for the employees – this is one instance where “ignorance of the law is bliss”!  Here’s the deal – the employees did not, for example, give management the required 48 hours “notice of intention to strike” it was only 40 hours.  The employees, have in their ignorance, thought that they had complied with the requirements, but technically they hadn’t – so the strike is unprotected.  The court will have sympathy with the employee – so be careful on this issue.

And finally, “whether the strike was in response to the employer’s unjustified conduct”.  If the strike is in direct response to a perceived something that the employer has done, I would suggest that you call in a Labour Attorney as each of these needs to be judged on their own merit.

A word of caution here though - if the employer provokes a strike or if there is “bad faith” during negotiations before the strike takes place, the court will come to the assistance of the employees.  So make very sure that your reasons, as the employer, for doing what you did are very clear and transparent.

One of the other issues that the court will look at is the duration of the strike.  If the employees are dismissed as soon as the strike starts, the court will in all likelihood rule the dismissals as “unfair”.  If the strike has been going on for a long time, and this results in irreparable financial harm to the company (and this must be able to be proved) then the dismissal of the strikers would be considered fair.

Here’s the thing though, there are also consequences to a protected strike.  The Labour Relations Act does control and regulates these consequences.

Firstly you cannot institute civil proceedings against an employee for participating in a protected strike, however, the employee is not entitled to receive any pay during the period of the strike – the “no work, no pay” rule applies.  Please note though, that if the employee’s package includes payment for accommodation or food etc, these have to continue.  What you also can do though is recover the “payments in kind” by instituting civil procedures in the Labour Court.

Secondly and more importantly, although you cannot dismiss a staff member for participating in a protected strike, you can (in certain circumstances) dismiss the employee for “operational reasons”.    Beware though, that this can only be done if there are genuine operational reasons and as long as you comply with the requirements of Section 189 or 189A of the Labour Relations Act.  The bottom line is that if, as a consequence of the strike, the employer loses business and/or production to such an extent that the financial wellness of the company has been put or is at risk, then you will have good and valid reasons to consider retrenchment.

Just be careful that you don’t use “operational requirements” as an excuse to dismiss striking employees.  The reason for the retrenchment must be genuine and you must be able to show that they are linked to the operational requirements of the business.  The Labour Appeal Court has ruled that employees can be dismissed if the “operational reason” for retrenchment is a direct result of the employees going on strike.

Again, please also remember that irrespective of whether the strike is protected and/or unprotected, employees can be dismissed for misconduct during the strike.  These would pertain to issues such as intimidation, violence (both physical and/or verbal) and damage to property.

I hope that this has brought some clarity into what is always a very difficult situation.

Next week we tackle a new issue.

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 – Where Else to look for Ideas – Part 2

 Blogging 101 – Where Else to look for Ideas – Part 2

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Last time we looked at using Celebrities and their causes or keeping a journal for inspiration for ideas for articles of interest that pertain to your particular passion.  Today we will have a look one more.

Gestures

How about that for a common daily occurrence?  We all use gestures in our daily communication.  Usually, we use them in conjunction with our speech, but often gestures are an alternative form of communication – when you can’t find the right words.  More often than not, when you are a visual person like I am, the gesture can make more of an impact than the written or spoken words themselves.

Let me explain.  I mentor several individuals, one of them is quite an artistic person who operates in the entertainment arena.  Let’s call her Susan.

Susan is looking to embark on a journey of her own into the world of business.  She is bright, articulate and open to ideas and absorbs information at a rapid rate.  At the moment, Susan’s greatest challenge is taking all the ideas and discarding what she doesn’t need and “parking” what she does.  Her greatest fear is that she doesn’t have enough time and enough of “herself” as a resource to accomplish all that she perceives she needs to get done.

I explained to Susan how to “unpack” things so that they become “bite-sized” chunks that can be easily dealt with and we also chatted about the art of delegation and outsourcing.  You see Susan doesn’t have to do anything other than giving the project her name and put in an occasional appearance.

As Susan “got it” and realized that she had been focusing on the wrong issues, she lifted her hands to the center of her forehead and made a motion like someone, whose face has been pressed up close to a curtain and who was now opening that curtain, curiously, to peek out into the wild world beyond.  This simple gesture had a profound effect on me and the visual had far more punch than any written or verbal explanation.  You see I had opened her mind to other possibilities.

Think about the gestures that you make to add value to your words and be aware of the gestures of those that you talk to – all could be used as or in the topic of your next blog.

Next time we have a look at some more ideas to keep those blogs flowing.

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

Networking 101 – Don’t Make Speeches

 Networking 101 – Don’t Make Speeches

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Craig Harrison says that the reason that Networking may not be working for you is because of the basic 9 mistakes that Networker’s make.  I will be going through these over the next few weeks and let’s see if this is what is holding you back.

The fourth mistake he says is “Spiel too long.  Networking is not speechmaking.  You have a finite window of opportunity to introduce yourself and glean a few details about the person you’re talking to.  You can’t recite your resume, tell your life story or otherwise drone on.  Keep it short and sweet!”

Sitting at a networking meeting one night, my mind wandered to the pile of work that is sitting on my desk, my 17- year-old cat that seems hell-bent on starving himself to death, my 7-year-old nephew in Australia who I need to buy a birthday present for and even what I was going to have for dinner!  Why you may ask – well the person who was telling everyone who they are and what it is that they are doing/selling was going on and on and on.

Unfortunately, I have sat through this spiel on more than one occasion and it seems to be memorised word for word.  It never changes or varies and there have been occasions when I have repeated it word for word as he has gone through it.  Nowadays, I usually use his speech time for a comfort break, but last night I really didn’t need one, so my mind went on a ‘walk about’!

Sad this, because the product that he sells is really worthwhile and he could sell so many more of them if he just didn’t go on so much.

I wonder what I’ll do next week when I again sit in a networking meeting and have to listen to the monologue all over 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 

Business Tips – The Art of Communication

 Business Tips – The Art of Communication

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

I guess half the battle is first to recognize that there is a problem and then to get clarity on exactly what that problem is.  Only then will you be in a position to make a decision on how to go about finding the correct solution to that problem and in my experience, nine times out of ten it is lodged somewhere between “Perception, Expectation, Assumption and Interpretation!”

Those four words for me are the most dangerous in the dictionary because they very seldom meet reality!

Often the lack of good performance is a lack of understanding of the communication and then the employee assumes that they understand what needs to be done and the employer assumes that the employee knows what needs to be done and the result is chaos, resentment, angst and hurt feelings.

Then of course the perception on the part of the employee is an emotional one of “I get no appreciation for my efforts” and the expectations on the part of the employer are not met and there is an emotional “the staff are not performing properly because they are lazy and ungrateful” and the reality, of course, is that neither statements are even remotely correct,

Perhaps the better option would be to ascertain whether or not they have understood the instruction correctly the first time around.  The reality is that often our interpretation of something is completely different to the next person.

When I am facilitating workshops, I have learned that it is not enough to just ask people if they understand because usually, the answer is a resounding yes!  I have learnt to take it one step further and ask them to tell me what they understand from what it is that I have just told them.

The first time I did this, I was absolutely astounded by the different answers that I got around the room.  The delegates themselves were amazed at the different responses, the different interpretations, the different viewpoints and perceptions.  It was an extremely profound moment and one that had a huge impact on all of us.

So for the sake of your sanity and for the benefit of your relationship with your employees make sure that everyone really does understand the requirements and that you are all on the same page.  You’ll be amazed at how much your employee’s performance will improve.

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 - So What!

 Inspiration – So What!

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd 

Let’s face it, folks, there are always going to be people who don’t like what we do, what we are, who we are (insert whatever you would like here).  The bottom line is that no matter what we do, what we are or who we are, someone is going to have an opinion that differs from ours.  The real challenge here is not ‘what are we going to do about that" but rather ‘how we react to that.’

One of my favourite moments in time that explains this so succinctly is this little story about Madonna.  Now love her or hate her, she has a certain style and in my opinion, the lady can sing.  For those of you who don’t know the story of Madonna, she arrived in New York (I think) penniless, homeless and friendless.  Her bags were stolen on the first night that she was in town but this little woman never gave up on her dream.  She did what she had to do to get by whilst edging ever forward towards her goal.  One of those ‘things that she did’ was posing nude for Playboy (or one of those magazines).

Several years later, just as she was ‘discovered’ and suddenly the whole world was in awe of Madonna, little girls wanted to be her or be just like her, the headlines hit the newspaper “Madonna poses naked!”  Good grief!  Shock!  Horror!  Everyone that I knew was asking “I wonder how she is going to explain this away?” We were all waiting, giggling nervously.  Would this be the end for this icon?

To be quite honest, I almost wet myself laughing the next day when the newspaper headlines said “Madonna says ‘So What’!”  That was the end of the discussion as far as she was concerned.  You see Madonna didn’t care if people put labels on her, she knew what she wanted, she focused on it and she went for it.  I have no doubt that there are possibly things that she has done that she has regretted – but I doubt that that is one of them.  Either way, the only person that will lose any sleep over what she has or hasn’t done – is Madonna herself.  We don’t have the right.

This brings me to a poem that I believe was found in one of the Reader’s Digest magazines.  It goes:

“People are unreasonable, illogical and self-centred . . . Love them anyway.

If you do good, people will accuse you of selfish ulterior motives . . . do good anyway.

If you are successful, you will make false friends and true enemies . . .  succeed anyway.

Honesty and frankness make you vulnerable . . . be honest and frank anyway.

The biggest people with the biggest ideas can be shot down by the smallest of people with the smallest of minds . . . think big anyway.

People favour underdogs but only follow the top dogs . . .  Fight for some underdogs anyway.

What you spent years building may be destroyed overnight . . . build anyway.

Give the world the best you’ve got and you’ll get kicked in the teeth . . .  Give the world the best you’ve got anyway.” 

Listen to your heart, think with your mind, focus on what you want to achieve and be the best that you can be.  That will always be enough.

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

HR 101 – What to do When . . . . Your Staff Want to Strike – Part 7

 HR 101 – What to do When . . . . Your Staff Want to Strike – Part 7

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd.

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

So far we have:-

1. Looked at when your staff cannot strike, and

2. We defined exactly what a strike is, and

3. We looked at when a strike is considered protected and

4. How to control strike action and

5. Replacement Labour and 

6. Lockouts.

Today we look at Unprotected or Prohibited Strikes.

What exactly is an “Unprotected or Prohibited” Strike?  Well, it’s really quite simple and literally means what it says – if the employees or the union have not followed the correct procedures or if they are striking over anything that is not “protected” (see previous articles on this subject), then the strike is not protected, which basically means that they are not protected, in any way from being dismissed (of course, as usual, there are procedures that would still need to be followed).

Should the employees embark on an Unprotected or Prohibited Strike, the employer can go to the Labour Court for an urgent interdict to stop the employees from continuing the strike.

If the employees continue to strike, the employer can start thinking about dismissal.  Actually, you don’t need to wait until you get an interdict, which employees usually just ignore, but it is a good idea to wait as it puts the employer in a much stronger position should there be a question of “fair dismissal”.

To re-iterate, in terms of the dismissal, the employee still needs to follow the correct procedures, which would include:

• issuing a written ultimatum to the employees stating that they should return to work or face possible dismissal – please note that the ultimatum must be very clear.  The employer must ensure that the staff understand, in simple clear terms, that if they do not come back to work they will face a disciplinary hearing that may result in dismissal.  If the ultimatum is not clear, then the employer may end up having to face charges of “unfair” dismissal at a subsequent CCMA hearing. If your workforce is not proficient in English (or whatever language you ‘work’ in), get the ultimatum translated into the language that they use – this will ensure that they do understand the meaning of what it is that you are trying to convey. Don’t, whatever you do “threaten” that there may be a disciplinary – make sure that they understand that if they don’t come back to work within 24 hours (or whatever time frame you set like . . .  by tomorrow the 10th July 2021) disciplinary action WILL be taken that may result in dismissal (be careful not to say “will” result in dismissal because that indicates that the verdict has already been handed down before the disciplinary has even taken place).  Also, be careful about attaching any further terms and conditions – make sure that they are legal.  Make sure that the employees have sufficient time to consider the ultimatum – don’t for example say that they have to be back at work within the hour – that’s just unreasonable.  If there is a union, get the union involved and get them to intervene.  Unions, generally speaking, do not want their members going off on an unprotected or prohibited strike and they will usually try and persuade the employees to get back to work.  

• The Labour Appeal Court, has in the past indicated that it is not enough just to issue an ultimatum to get the employees back to work and then if they don’t you can dismiss them – they still need to have the chance to be heard.  It is not necessary to have a formal hearing, but what the employer does need to do, is ensure that staff are dismissed on charges that are "fair and reasonable".  Depending on the number of staff involved, it is suggested, however, that a formal disciplinary hearing take place.  In the instances where it is not practical to have a formal hearing for each staff member (imagine doing disciplinary hearings for say 100+ staff members), employers should write to the union advising them that in view of the fact that the employees have not adhered to the ultimatum, you (the employer) are now considering dismissal and that the union now has 24 hours within which to give explanations or make representations as to why you (the employer) should not dismiss the striking employees.

Next week we will have a look at “how” the employer actually goes about the dismissal process.

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

Blogging 101 – Where Else to look for Ideas – Part 1

 Blogging 101 – Where Else to look for Ideas – Part 1

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

So last time we had a look at just how easy it is to turn everyday experiences into ideas for articles.  Today I am going to give you some more examples of where to look for inspiration.

Using Celebrities & their Causes

We all have our favourite celebrities and many individuals avidly follow what their favourite celebrities are doing and getting up to.  Celebrities also often use their status to highlight their pet projects – pretty much like Angelina Jolie uses her name to advance her projects and her position as a UN Ambassador or Al Gore who highlights Global Warming.

Using my friend Jacques the gardener again, his ideal celebrity to use to promote his business “Grow your own food” to highlight how we can all feed ourselves as well as grow our own little sustainable food businesses, would be someone like Annie Lennox or Cameron Diaz or Leonardo de Caprio, who are all very outspoken about our carbon footprints and issues around hunger and the starving poor – all of which can be addressed in some way by growing our own food.

Sure Jacques would have to do a little research on the exact or specific areas of their passions and commitments, but with his commitment to sustainable and organic food growing, there would be a wealth of information on the issues that they stand for, that he would be equally as passionate about.

I can see the article right now starting with words that go something along the lines of  “Like Annie Lennox who strongly believes that no child should go to bed hungry – neither do I!  Growing your own food  and  . . . .”

Keeping a Journal

Now I know that keeping a journal can be a real pain in the rear end – especially if it is something that you have not done all your life.

Oprah Winfrey often talks about the “gratitude” journal that she keeps and how she writes down at least 3 things every day that she is grateful for.  So what about keeping a journal, either as a full journal about your business day or if that is too much, then say 3 things a day that you learnt, discovered, noticed, experienced etc. about your business?

In the case of my friend Jacques the gardener, this could be a full journal on the gardens that he works in and what works and what doesn’t (and yes all gardens are very different depending on the type of soil or how much sun they get etc.) or the project that he is involved with and how they are progressing or evolving or it could be on the things that he researched on that day and how they could change whatever it is that he needed to do the research for.

I am sure that you can see that that would open up a huge amount of possibilities and inspire a great number of things to write about.

Next time we have a look at a few more options for inspiration.  Until then don’t forget to have fun with your writing.

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

Networking 101 – Deliver Your Pitch with Passion

 Networking 101 – Deliver Your Pitch with Passion

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Craig Harrison says that the reason that Networking may not be working for you is because of the basic 9 mistakes that Networker’s make.  I will be going through these over the next few weeks and let’s see if this is what is holding you back.

The third mistake he says is “Monotonal Delivery.  If you can’t convey your qualifications, passion and employability in 30 seconds you may not get 30 minutes in an interview.  Use vocal variety, intonation and enthusiasm to speak confidentially about yourself.”

Sometimes my greatest challenge at a Networking function is staying focused.  So many times my mind has wandered and I find myself thinking about what my next appointment is and mentally reminding myself what has to be done before I leave for the appointment and what I have to remember to take with me and so on.  Once I realize what is happening, I have to drag my thoughts back to the moment and try and re-focus on what is happening on the day.  

This is generally due to the person(s) who are speaking at the time – it often sounds like they are so bored with themselves and what they do.  It sounds like they would much rather be doing something else. It sounds like a well-rehearsed speech that they have given several hundred times that day and quite frankly it sounds like they really feel that they shouldn’t have to be saying all of this again!

You’re passionate about what you do . . . right?  So let everyone know that!  Let the passion come out into your voice, into your body language.  Remind yourself before you get up to speak, what your objectives are and why you are there in the first place.  Make people excited for you, about you and with you.  This is after all your life, so put some life into it!

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 

Business Tips – 5 Tips on Cyber Security – Part 2

 Business Tips – 5 Tips on Cyber Security – Part 2

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Following on from last time when we looked at:-

1. Public WiFi, and

2. Recognize Phishing and Related Scams. 

Today we look at the final 3 tips for this article on Cyber Security.

Here are some of the other elements that need to be looked at.

3. Update Devices & Use Security software.

I have no doubt that we all get those “updates” on Microsoft or on our phones and often on our websites as well.  These updates are in fact “patches” and they are there to keep you and your information safe.  They are created specifically for this reason.

What usually happens is that there is a breach or the system is hacked or some sort of loophole is found by the hackers, or cybercriminals, if you will.  The Service Providers become aware of this and they create a “patch” or an upgrade that will resolve the problem.

As soon as you are alerted to these, it is in your own best interest to download it and get it done.

Failure to download these will probably result in your system being hacked or worse, held to ransom.  So please act immediately when you receive the request to download an “upgrade”.

4. Monitor Social Media

Social media is the first place that hackers go to try and get into your information.  We’ve all see the “don’t accept friendship requests from me, I have been hacked” on FaceBook, in particular.

Scamster’s “pose”  as a friend and then as soon as you “accept” them as a friend, they clone your information and then go back onto social media “pretending” to be you, all the while gathering not only your information but also the information of friends, family and followers.

Be careful how you set up your profile and be sure to make use of the strict privacy rules that are available.

5. Learn to recognize Phishing

Watch out for poor spelling and grammar.  Don’t click on links in adverts. Don’t open attachments from people you don’t know.  Don’t click on links from people you don’t know.

Another huge hint is when an email that you receive, sounds like it is written specifically for you but is sent to “recipients” or the mail address that is sent from when you hover the cursor on it, looks foreign -  that one is a big no-no.  Delete it immediately.

We’ve all heard this advice before.  Actually, if the truth be told, I am sure that we have all given out this particular advice from time to time. Right . . . ?

So why is it that we don’t take out own advice?

It’s probably the natural curiosity that most of us have – but please . . . resist it at all costs.

The cost to you, in the end, will be more, much, much more than you bargained for.

Just remember, when in doubt . . . STOP! Think!  Think again and for luck, just think again before your act!

Oh, and a bonus point that many of us don’t think about nearly enough:-

6. Use Better Passwords

Here’s the thing, we all want to make remembering our passwords as easy as possible.  Correct? So, many of us use the same password for pretty much everything! Please stop doing that!

Cybercriminals will crack your password first and the easier you make it the faster they will gain access to your life.  If you have the same password for everything, all that means is that they now have access to everything.  Not so clever now, I’m sure you will agree!

Oh, and while I am on the subject of “easy”, please don’t save your passwords into a folder called “passwords” on your computer.  That’s just like giving them a detailed map of the Holy Grail.

Make sure that your passwords are no less than 8 digits.  Make sure that your password is a mixture of both capital letters and lower case letters as well as a number or two and of course a symbol or two.  Be sure to mix them all up.  The more random the password, the more difficult it is for anyone to crack it.

In terms of storing your passwords, most experts suggest a “password vault” of some sort. The “password vault” would then store both the user name and password for each account.  This, of course, would mean that the vault password has to be especially strong, so not the usual 8 digits but rather 16 digits would be best. This then means that you only need to remember one password and that one, of course, is for the vault.

Most importantly be aware of what it is that you are doing because in this instance if it “feels” wrong it probably is.

Next time we will tackle a new subject.

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 – So What is the Secret of Success

 Inspiration – So What is the Secret of Success

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd 

Let’s first discuss, what is success.  What I consider to be “successful”; is usually and can be completely different to what other people see or consider as successful.

Then, of course, there are different degrees of success.  Flicking a switch and turning a light on is a success.  Finding the information you are looking for on the first try is also a huge success.

We are all exposed to “successful” people on a daily basis.  Turn on the TV and watch successful megastars, open a newspaper or read a book – more successful people.  There is no shortage of successful people and an abundance of opportunities for us to read about them and how they became successful.

Hell, just watch any reality show like Idols or Survivor and you can actually watch someone becoming successful.

Many of these people “share” how they became successful or what they consider as their “secrets to success”.

In every single instance, the  successful person that you meet with, read up on, watch on television or at the movies or engage in any way with, you will see and feel the absolute passion and drive that they have to realize their dream.  You will hear, how from (usually a very young age) this is what they wanted, what they hungered for, what every waking (and often dreaming) second of the day and night they lived for.  They lived their dream into being a reality.

With each step closer to the realization of their dream, their efforts intensified and they became more and more focused on what they wanted to do and kept on slowly but surely putting one foot in front of the other, continuously moving forward towards their goal – the realization of their dream.

Nothing stops them, nothing deters them and believe me, nothing gets in their way – they will find a way around, or over, or under any obstacle that you put in their way.  They are determined, hungry and focused on what it is that they want.

And all of it . . . .  starts off with a single dream. 

So, I’ll ask you now,  what is it that you dream of? What is your dream of success?  Do you even have a dream?

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

HR 101 – What to do When . . . Your Staff Want to Strike – Part 6

 HR 101 – What to do When . . . Your Staff Want to Strike – Part 6

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd.

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

So far we have:-

1. Looked at when your staff cannot strike, and

2. We defined exactly what a strike is, and

3. We looked at when a strike is considered protected and

4. How to control strike action and

5. Replacement Labour

Today we are looking at what the pros and cons of a lockout.

So what is a ‘lockout’ actually? A ‘lockout’ is when the employer, locks the striking employees out of the office/warehouse/factory/store etc. There are two types of ‘Lockout’ – a ‘defensive’ and an ‘offensive’ lockout. An employer is not obliged to remunerate an employee for services that the employee does not render during a protected strike or a protected lock-out,

In terms of the Labour Relations Act of 1995, Section 64 (which is the section that deals specifically with “Lockouts”), there are several reasons when the ‘lock out’ can be a really useful tool if there is a strike.

The union has to give ‘Notice of Intention to Strike’ and when they do this you are entitled to issue a “Lockout Notice’ which means once the strike begins – so does the ‘lockout.’

Let’s have a look at the benefits of a ‘lockout’.

Well, firstly a benefit would be that the employer does not have to pay the employee for the duration of the strike.

Secondly, the union officials and their shop stewards very often do not advise the employees of the employers right to ‘lockout’ and often the employees only find this out after the fact, which places them on the ‘back foot’  so to speak.  The Lockout notice must be placed on the Company Notice board so that all employees are aware of what action the employer is going to take.

Giving notice of ‘lockout’ changes the ‘power play’ quite drastically.  The striking employees are no longer in control when they come back to work.

A defensive ‘lockout’ must always be in response to a strike because the employees can not return to work until such time as they have dropped their demands.

Be careful though, the opposite of a ‘defensive’ ‘lockout’ is an ‘offensive’ ‘lockout’ and that occurs if you declare a ‘lockout’ that is not in response to a strike.  This would then mean that your employees would have to accept the employers demand to come back to work.  If you declare an ‘offensive’ ‘lockout’, you will not be allowed to use any replacement labour and this is in terms of the Labour Relations Act of 1995 section 75(1)(b).  

An ‘offensive’ ‘lockout’ lets the striking employees and the union officials know, just how serious you are about the offer that you have put on the table.  An ‘offensive’ ‘lockout’ should only be used together with negotiations on an ongoing basis and it is highly likely that this will then result in a settlement that should bring the strike to an end.

So make sure that you know and understand exactly which ‘lockout’ you are declaring and why.  Declaring the wrong one could cause you a lot of wasted time and energy, not to mention costs incurred.

The bottom line of course is that prevention is always better than cure and although it costs the employer ‘an arm and a leg’, the reality of the situation is that it also costs the employee, usually a lot more than what they bargained for.

So no matter how deadlocked talks appear to be, it is in your own best interests to continue to talk to union officials and shop stewards.  They too, more often than not, would also like to see a settlement sooner rather than later.

Next time we will have a look at Unprotected or prohibited strikes.

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

Blogging 101 – Where to look for Ideas

 Blogging 101 – Where to look for Ideas

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

I know that I seem to be harping on about this, but every day I encounter people who seem quite keen to start a blog, but who have no idea what to write about.

It is sometimes extremely frustrating for me when this happens because as I talk to them and ascertain exactly what they do and what their passion is, it is abundantly clear that they have a huge amount of knowledge on their subject or speciality and that there is a copious amount of material that they could write about.  Even “everyday” things that occur could become a source of inspiration.

Whilst we were on holiday over one Christmas period, my friend Jacques and I were taking photos.  We took photos of everything that moved (and many things that didn’t) and I jokingly said to Jacques “we should start a blog on Things I Saw Today or Things I Did Today!”  The look that he gave me clearly stated that I had lost the plot – again!  I had a good laugh, you see Jacques is a gardener.  He works with many communities, showing them how to grow their own food and then how to turn the surplus into sustainable income and I realized that he was thinking how a photo of a clump of bobbing seaweed (being what we saw that day) could be turned into an article that would have any impact on the work that he does.

So I started to ask the questions (and happily I did know the answers because the tour guide had told us):

q. What does the bobbing seaweed tell us?

a. That there is no perlemoen (abalone) in the area because that is what they feed on – the poachers have harvested everything.

q. So would you harvest the seaweed?

a. Yes I would if I had, or wanted to start a perlemoen farm.

q. So what would the benefits be of starting a perlemoen farm?

a. Well it would replenish the stocks that have been depleted through poaching and it is a healthy organic source of food and if properly managed is extremely sustainable and  . . . . 

All of that because of a clump of seaweed bobbing in the ocean – a whole bunch of stuff to write about (not to mention a whole host of opportunities for someone)!

We all have these kinds of experiences during our day – things that we see encounters with people who we deal with and people who tell us their stories.  Each and every one of them has the propensity to become a blog article that highlights something in our businesses.  We just have to be open to the possibilities.

Personally, I think that the biggest challenge that most people think they have, when they want to write a blog, is the “how to write” it and not the “what to write”!  As always my advice here is – write it exactly the way you would if you were telling someone the story as if you were engaged in a discussion with someone and you were telling them what happened.

So now – who thinks that they don’t have anything to put into a 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