HR 101 – What to do When . . . Your Staff Member is Pregnant

 HR 101 – What to do When . . . Your Staff Member is Pregnant

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd 

Please note that this complies with South African Labour Relations, the Basic Conditions of Employment Ace and Best Practice requirements.

First of all, for the record – you cannot dismiss an employee because they are pregnant. Dismissing an employee on the grounds that she is pregnant is viewed as “automatically unfair” and it comes at a cost.

Second of all, for the record – the full period of maternity leave is 4 months (unless otherwise agreed in writing for a longer period).  If you shorten this period, even by mutual written consent, you could find yourself in the deep smelly brown stuff.

Thirdly, the employee’s right to “time off” for the pregnancy does not end there – let me explain.  Let’s return to our protagonists.  Mike the owner of the retail outlet and Jane the cashier.

Jane is pregnant and she is due to give birth in November and as we all know, December is a really busy time in the retail environment.  By mutual agreement (Jane does not want to lose out on her Christmas commissions), they agree that she will only take one month off, as pregnancy leave, instead of the laid down 4 months.  Jane signs off on this giving her consent.

In November Jane goes on leave a week before the due date and then Jane gives birth and becomes a proud mother to a healthy set of twin boys.  So far, so good.   Well, the twins start off healthy, but soon they both develop colic and Jane understands that there is no way that she can go back to work as soon as she had planned as she needs to take care of the boys.

Jane contacts Mike, explains the situation to him and requests an additional one-month maternity leave.  Mike is furious – he has not put any kind of contingency plan into place as Jane assured him that she would be back after a month and it is too late to get someone else in to help as the store is already as busy as can be and he cannot “spare” anyone to train someone new.  Mike tries to be reasonable and tells Jane that she can have an additional two weeks leave.  Jane refuses to accept this new arrangement and just doesn’t go back after the additional two week period is up.  Mike dismisses her in absentia.

Jane takes Mike to the CCMA for unfair dismissal, stating that she had been dismissed for a reason that was directly related to pregnancy.  Mike says that that is nonsense as the wording in the Labour Relations Act (LRA), sections 187(1)(e) “for a reason related to pregnancy” means that if a mother has any sort of complications as a result of the birth and that this does not extend to any illnesses experienced by the baby.  Mike also says that Jane was not dismissed because of her pregnancy or because the babies were ill, but because she was absent from work without leave.

Well the CCMA saw things a little differently.  Just as the price of democracy is very high, so too is the price of equality.   The CCMA’s take on this was “Difficulties experienced by employers in keeping a woman’s job open while she is on maternity leave is the price that must be paid for recognizing the equal status of women in the workplace.  The law protects women, not only while pregnant, but also while they are attending to the consequences of pregnancies.”

How’s that for a smack of reality?

Mike then pointed out that Jane had signed an agreement stating that she would only take one month’s maternity leave.

Well, that didn’t work very well either – you see the BCEA (Basic Conditions of Employment Act) says that the employees are entitled to 4 months maternity leave.  So the agreement that Mike had with Jane for the one-month maternity leave is in fact unlawful, so it cannot be enforced as it contravened the BCEA.

In this instance, if Jane had been given her full four months maternity leave, this situation would not have arisen.  The consequences of Mike’s action was a very expensive one– he had to pay out 20 months remuneration and also pick up the costs of both his attorney and Jane’s attorney too.

The bottom line is this – the BCEA are not just guidelines, it is the law – so if it stipulates something, that something means that it is the minimum that you can do – in this case, the minimum amount of maternity leave that can be given is 4 months.  Anything less than that could find you in hot water – anything more than that can be negotiated and agreed to.  Remember though, if you give one employee 6 months maternity leave, you have to give all the others the same amount. 

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 - Why Networking Works for Me

 Networking 101 - Why Networking Works for Me

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

It is said that there are only three ways to grow a business – I’m personally not too sure how true that is.  However having said that, I am sure that one of the most critical of these is to find new customers.

Now it is also said, that there are many different ways to find a new customer, and I have no doubt that we can all list them, in great abundance.  Some of them are the methods that we use to get new customers and others are the ways that other people have used as they tried to make us new customers. Most of those though, have irritated the S*&t’s out of me!

I’m not too sure why this is – perhaps it is because when I answer the phone, it is because I would like to chat with a friend, or a client (especially if it is out of the norm of working hours) and that is my expectation.  Or perhaps it is because, when I hear a knock on the door, when I open it I expect to see a friend, not someone wanting to sell me something that I don’t actually want – again that is my expectation!

I am not too keen on getting thousands of e-mails either (currently I am up to between 250 and 350 a day – which means about 30 are actual emails from friends, family and clients – the rest are just spam!) and I am not too keen on getting hundreds of SMS’s either (this seems to be the latest trend).

Actually, now that I think about it carefully, I am at my most comfortable state, when my expectations are met and I am prepared for what is happening.  That for me is when I am at a networking meeting.  You see there, my perception is that I will be meeting like-minded people.  That is people who are serious about doing business.  People who are serious about expanding their databases. 

At most networking events (well the ones that I attend anyway), I meet people who are not only potential customers, which, let’s face it, are not only important for my business but also my personal needs.  Often these people, who may never ever become one of my customers, have key centres of influence in their families, their communities, their business associations and even their churches.  These people become very important to me because of the value that they add to my clients.  

You see every single one of them have their own databases, and every single one of them reaches a lot of people, and every single one of them is an important source of referrals.  Referrals, as customers to me and referrals as a value, add to my clients.

So to all of you who believe in the telemarketing way to get new clients (and I am not knocking it you understand) and to all you people who like to do the “cold calling” thing (and again I am not knocking it) and all of those who choose to “spam” everyone with e-mails and SMS’s – (and it works for some), I say good luck to you.  

Me – I will continue to attend the various networking events that I go to and I will continue to network, in my personal capacity as I meet people at parties and social events, and I will continue to grow and expand my database – one person at a time.

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 – Managing Your Business – Part 3

 Business Tips – Managing Your Business – Part 3

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

So far we have dealt with Finance and Margins.  Today we have a look at your Customer’s requirements.

In my experience, one of the biggest challenges for SMME’s (Small, Medium, Micro Enterprises) is retaining clients.  Now I am really not sure why this should be since the fact of the matter is that it is easier to sell to existing clients than it is to procure new ones.  So what’s the deal? Perhaps it is because we don’t really know who and what a customer is!

The Wiki says that “A customer (also known as a client, buyer, or purchaser) is usually used to refer to a current or potential buyer or user of the products of an individual or organization, called the supplier, seller, or vendor. This is typically through purchasing or renting goods or services.”

So how do we retain our customers?  How do we ensure that we not only find new customers but that we continue to sell our services and our products to current customers or even customers to who we have not sold anything in years?

Well there seems to be a whole host of different options and tips – some of these are (but not limited to):

- The personal touch.  Here’s an example of both good and bad.  I have been a client of Nedbank in my personal capacity for in excess of 30 years now, and in my business capacity for almost 19 years – quite frankly I bank with them through absolute habit, it certainly is not because of the service that they have given me over the years, but rather the perceived hassle of changing banks, debit orders etc. that keeps me with them.  I have no idea who my “personal banker” is, or if indeed I have one.  I have been dealing with the Cresta branch for the last 30 odd years and sadly the only person who knows my name, when I walk in, is the security guard.  In my opinion, the security guard should be doing their PR, he greets most people by name, always with a smile and a sunny disposition and the good that that does is soon smashed to pieces by the ineffectual, anal-retentive service received by the branch staff. So make sure that you give your clients your absolute attention and use your personal touch as part of your branding and marketing.

- Assumption – I always say that perception and assumption are the two most dangerous words on the planet – and certainly what I am going to say now will bear that out.  Just because your customers are not complaining, don’t assume that everything is peachy!  Your perception of “everyone is happy because no one is complaining” is probably so far off the mark that it is scary.  Many people don’t complain, they just vote with their feet or their wallets.  Ask them if they are happy and if they aren’t do something about it!

- Expectations – all customers expect to receive good service and that is a reasonable expectation.  Not only meeting that expectation but exceeding it will bring them great delight and will go a long way to ensure that they become loyal customers.  Remember though, do it once and the customer will expect even more the next time around, so don’t stop trying to do better.

- Customization – “One man’s food is another man’s poison!”  Just because one client is crazy about your product or your service, doesn’t mean that everyone will be.  Be prepared to “customize” your product or service to meet the requirement of the client.  In fact, make sure that what you are selling (service or product) is what the client wants, rather than what you think that the client may need.  

Next time we will have a look at managing your working capital.

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 

<<

Part 1

http://www.viljoenconsulting.co.za/2010/12/business-tips-managing-your-business-part-1/

Part 2

http://www.viljoenconsulting.co.za/2010/12/business-tips-managing-your-business-part-2/

>>

Part 4

http://www.viljoenconsulting.co.za/2011/04/business-tips-managing-your-business-part-4/

Part 5

http://www.viljoenconsulting.co.za/2011/04/business-tips-managing-your-business-part-5/

Inspiration – Sharing Life

 Inspiration – Sharing Life

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Today’s quote comes from Erin Majors, who says: “A candle loses nothing by lighting another candle.”

This is so true of so much in life.  I am often astounded at how incredibly scared (or perhaps selfish is the right word) people are to share, especially in the business world.  It’s almost as if, people are scared to give someone a helping hand because that may mean that they will lose out on the deal.  How bizarre!  To my mind, sharing something with someone, just makes my business just that much stronger – pretty much I guess, like the brighter light of two candles as opposed to just one.  Yet many people look at me, with a really puzzled expression on their faces when I ask “How may I be of assistance to you?”  

Strange that don’t you think?

Then, of course, you have those individuals who “help” others, but only with some sort of hidden agenda, or a “what’s in it for me”!  I must say, I really don’t get that one either – because sooner or later, any deviousness will come out, and usually when you least expect it!  Why does there always have to be some sort of “pay off”?

For me, the Universe, is a really, really fun place.  I have been helped along this pathway of life, many times by complete strangers. People, whose names I never even got to know and thankfully, I have been in a position to help some along the way – again often people whose names I never got to know and quite honestly it gave me a great sense of satisfaction.  I was giving back you see – giving back to the Universe that has given so much to me.

Oh, don’t get me wrong – I’m not talking about people, who only have one purpose in life, and that is to get as much as they can out of somebody, whilst giving as little as they can in return!  I’m not talking about the people who make a career out of taking anything and everything that they can.  I am not talking about the people who continually whine and moan about how badly life has treated them and how all they need is a little bit of help and then sit on their fat backsides and do nothing for themselves, whilst all around them people running around frenetically, doing everything for them!

I’m talking about empowering people to do for themselves, just like a candle – once lit – burns for itself.  Sometimes people just need a helping hand to steer them in the right direction or a little advice or a word of encouragement.

So what kind of person are you?  Do you give back to life or are you the person that just takes from 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 

 

 

 

 

 

HR 101 – What to do When . . . . Managers Abuse Their Staff

HR 101 – What to do When . . . . Managers Abuse Their Staff

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd  

Please note that this pertains to South African Labour Relations, Basic Conditions of Employment Act and Best Practice requirements.

Sexual harassment is not the only “harassment’” that occurs in the workplace.  There are many bosses out there who are nothing more than bullies or predators and who use the power of their positions to manipulate and intimidate staff, in order to feed their own inadequacies or fantasies.

For those who do that, and you know who you are – be warned, you can and will, more often than not, pay dearly for your transgressions.  If and when an employee resigns because of the behaviour of the employer/manager/supervisor, there is a consequence.  The term for this type of resignation is known as a “Constructive Dismissal” and believe me when I tell you that this is viewed in a very serious light by the CCMA.

Constructive dismissal is built around the fact that (as it is phrased in UK laws) “An employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee”.

Managers/supervisors/employer’s who consistently harass staff on a psychological or emotional level may push their staff into resigning and this could result in the CCMA getting involved.

Here are some tips on how to avoid the perception of harassment.

- If the employer has a problem with a staff member’s performance, clearly it is in the best interests of the business for the issue of lack of and poor performance to be resolved. When criticizing a staff member’s performance it is a good idea, not only to tell them what they are doing wrong, but also give them suggestions, and if necessary the tools with which to improve themselves. Ultimately this will benefit the business too.

- Be consistent and make sure that you follow the precedents that have already been set.  Be sure to treat all the staff in the same manner.  If you discipline one staff member for an infraction, any other staff member that has a similar or the same infraction against them must face the same disciplinary action and the same result.  Run a ‘tight ship’ by all means, but make sure that you are always fair.

- The level of performance that you expect from one employee, must be the same level of performance that you expect from all of your staff.

- Never humiliate staff members, especially in front of other staff members.  Treat your staff with dignity and respect.  Be sensitive to their culture and religion.  You can get your point across without having to resort to disparaging remarks.

- Managers/supervisors/employers need to understand that psychological or emotional harassment of staff is not acceptable and that training managers/supervisors/employers in the correct manner of dealing with staff are an investment in the business.

Handling staff correctly will result in greater productivity, which will result in greater profitability.

A happy workforce with a healthy relationship between management and staff usually results in a successful business. 

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

CPA 101 – Consumer Complaint Procedure – Part 2

 CPA 101 – Consumer Complaint Procedure – Part 2

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Please note that this pertains to South African legislation.

Following on from last time, let’s have a look at some more of the “how-to” around the raising of a complaint, process.  We have covered the different types of complaints as well as a broad outline of the process of the complaint.  Now let’s have a look at “where to complain”.

Part of the “intent” of the CPA is to promote “consumer activism” and this is done by getting consumer groups to lodge complaints on behalf of the consumers.  These various groups obviously need to be properly accredited (because they would need to be properly trained) and they would therefore also be able to give proper support too, or advice as well as educate consumers about what they are protected against and also the role that consumers need to take on, to make the CPA successful.  These consumer groups would also be responsible for publications on the subject, as well as do the research and they would then be tasked with “alternative dispute resolution through mediation or conciliation.”

As a result of this and in compliance with the ACT, the National Consumer Commission was established.  This body is responsible to investigate consumer complaints, pretty much like the National Consumer Tribunal was established by the National Credit Act, to investigate the violations and transgressors of the ACT.

Currently, there are several ways to lay the complaint.  These are, (but not limited to):-

1. The DTI (Department of Trade and Industry) – customer contact centre: 0861 843 384

2. The DTI office of Consumer Protection (OCP): 012 394 1439/1558/1076

3. E-mail: contactus@thedti.gov.za.  Please be advised, however, that this particular e-mail address is protected from spam and you will need to have JavaScript enabled on your computer in order to view it.

4. Website: The DTI website address is http://www.thedti.gov.za

5. National Consumer Tribunal (NCT): (012) 663 5615 or registry@thenct.org.za.  Again, please be advised that this e-mail address is also protected from spam and you will need to have your JavaScript enabled in order to view it.

Next time we will have a look at some more useful contact information.

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 

<<

Part 1

http://www.viljoenconsulting.co.za/2011/08/cpa-101-consumer-complaints-procedure-part-1/

>>

Part 3

http://www.viljoenconsulting.co.za/2011/10/cpa-101-consumer-complaint-procedure-part-3/

Networking 101 - Be Careful of What you Say

 Networking 101 - Be Careful of What you Say

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

So I am sure that we all agree that “people talk”!  We all do it.  When we talk about people, especially in the business world and particularly in the SMME environment, it is generally about what people have done.  Now of course this could go one of two ways – there is always the instance when someone has messed up – badly, and then the conversation would go along the lines of “Jane Doe did not do what she promised to and as a result, Joe Bloggs is out of pocket and he lost the deal”.  The result of this kind of conversation, however,  usually means that the people, within hearing distance, would not be using the services of Jane Doe – well not any time soon anyway.

Then of course the conversation could also go along the lines of “Jane Doe promised to deliver XY & Z and she actually went out of her way and introduced him to  AB & C as well and as a result of that Joe Bloggs not only got the deal, but they have also signed a contract for another deal!”.  The result of this kind of conversation, however, usually means that people, within hearing distance, would be clambering to meet up with Jane Doe and use her services and her contacts.

That is how it is with “networking” too and believe me, the SMME world is not that huge that you don’t get noticed, either way.

So think about which message it is that you would like to send and live your life accordingly.  Make sure you deliver what you promise (even if it takes a while) and make sure that you continually grow your database with people who understand the Power of Networking.

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 – Managing Your Business – Part 2

 Business Tips – Managing Your Business – Part 2

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd – December 2010

Last week we had a look at some of the issues around Finance and today we continue with Margins.

As usual, let’s have a look at exactly what a “margin” is.  The Wiki says : 

“Profit margin, net margin, net profit margin or net profit ratio all refer to a measure of profitability. It is calculated by finding the net profit as a percentage of the revenue.

                                 Net Profit (after taxes)

Net profit margin =             Revenue                x 100%

The profit margin is mostly used for internal comparison. It is difficult to accurately compare the net profit ratio for different entities. Individual businesses' operating and financing arrangements vary so much that different entities are bound to have different levels of expenditure so that comparison of one with another can have little meaning. A low-profit margin indicates a low margin of safety: a higher risk that a decline in sales will erase profits and result in a net loss.

Profit margin is an indicator of a company's pricing strategies and how well it controls costs. Differences in competitive strategy and product mix cause the profit margin to vary among different companies.”

The easiest way for me to remember it is that the margin is the difference (financially) between what everything cost (not only materials but also time and expenses [for me as a service type business] and research, printing, paper, ink etc.) and what I charge.  If your margins are too low, you will never make a profit and on the other hand, if you set your margins too high, you run the risk of never making a sale – it’s a delicately balanced scenario!

Essentially there are two ways to increase your margins (profit margins) and those are either to cut costs or cut prices.  In order to know which one to do it is obviously essential that you focus on your margins on a regular basis and also on what the current economic trends are, as it is not always a good thing to cut prices, although it is always a good thing to cut costs, as long as that “cost” does not interfere with the quality of your product or service.

Sometimes increasing the price of your services or your product has a powerful statement attached to it – it says “I’m worth it” or “the product is worth it”.  I know that when I started out, I had nothing to compare my services to and the result is that I used my corporate “salary” as a gauge to set my hourly rates – wow, was that ever a big mistake.  I priced myself far too low and the result is that I attracted many clients, all of who desperately needed my expertise, but all of who could not afford me!  Within 24 months I had doubled my hourly rate and I was attracting clients who not only needed me but who could also afford me.

In this particular instance, me, raising my charges had an incredibly powerful effect – it said “this is what I am worth” and the psychological effect on me, as an individual, was incredible. Before, even though my prices were very low, I was chasing business by giving discounts, hoping to retain the very clients that could not afford my services in the first place – that was a very costly mistake – I wrote off a lot of money to bad debt.

Nowadays, if I am going to give a discount – it is because there is a huge value to me and it is based on a whole different set of criteria, such as (but not limited to) early or timeous payment, the number of hours on retainer etc.

Cutting costs is definitely the best way to increase your margins and thereby increase your profits.  This is not always an easy thing to do particularly in tough times when you are looking at staff and salaries.  You have to divorce yourself from the emotions and look at the cold hard facts.  Can you do without this particular function being performed by a single person, in other words, “Don’t make it about a person or personal”, but rather about what’s good for the Company?  If you have two people doing work that can be done by one person, then it stands to reason that you only need to employ one person – don’t get sucked into the emotional side of things.

Keeping your costs to a minimum and your clients to a maximum is therefore the best way to ensure that your margin remains on track and is the best way to meet and even surpass your budget requirements.

Next time we will have a look at your customers.

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 

<< 

Part 1

http://www.viljoenconsulting.co.za/2010/12/business-tips-managing-your-business-part-1/

>>

Part 3

http://www.viljoenconsulting.co.za/2011/01/business-tips-managing-your-business-part-3/

Part 4

http://www.viljoenconsulting.co.za/2011/04/business-tips-managing-your-business-part-4/

Part 5

http://www.viljoenconsulting.co.za/2011/04/business-tips-managing-your-business-part-5/

Inspiration - Self Image

 Inspiration –  Self Image

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd 

Dr Joyce Brothers says “An individual’s self-concept is the core of his personality.  It affects every aspect of human behaviour, the ability to learn, the capacity to grow and change.  A strong positive self-image is the best possible preparation for success in life.”

This just reminds me how many thousands, in fact, millions of people throughout the world there are, who live with little or no self-esteem.  It reminds me of the damage that parents have inflicted on their children or that teachers have inflicted on their students or employers on their employees.  Even sadder, I see on a daily basis how we, as individuals, not only drive self-esteem from the lives of our colleagues and friends but also from our own hearts.

A few years ago I employed a young lady who I put through a bookkeeping and later on an accounting course.  Although extremely bright and intelligent she had not completed matric due to circumstances beyond her control.  Having left school a number of years before I met her, I was pleased with her agreement to “go back to studying” and very proud of the commitment she had made.  I was so excited about this undertaking that I told everyone who would listen.

She was devastated and insulted!  Her take on this was that she had to “go back to school” because she was stupid.

Sadly there are many similar stories such as this one and I was recently reminded of this just last week.

A friend of mine had entered a dance competition.  She was nervous and excited as she watched some of the other contestants dance.  Her turn came and she executed all her dance moves with elegance, passion and precision.  Chatting to her later, while we watched some more of the contestants, she was again extremely nervous and very critical of her performance.  I pointed out to her that the lady who was dancing at the time was “out of sync” with the music, her music, in fact, did not match or compliment her costume and her movements were not fluid but stiff and unyielding.  My friend turned to me, the pain evident in her eyes and said something along the lines of “I don’t see myself the same way that you see me.  I don’t see myself the way anybody else sees me!”

Here is an intelligent, beautiful woman, with her whole life before her and the world at her feet, who does not see her talent or her potential, who does not see her “worth”.  My heart went out to her and I was suddenly angered at the person or persons who had caused this pain and damage to her.  Her perception was one that she was not worthy, that she was not good enough and this had created her reality.

The true reality is that she will, in all probability win the competition – she’s that good!  The true reality is that she is incredibly talented and her potential is huge and she is limited only by her own perception.

The lesson here today is that we, as individuals need to be positive, not only in our own lives but also in the lives of the people whose lives we touch.  We need to encourage and uplift the people around us.

In essence, we need to let them look at themselves through our eyes.

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

CPA – Consumer Complaint Procedure – Part 1

 CPA – Consumer Complaint Procedure – Part 1

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Please note that this pertains to South African Legislation.

Much has been written and said about the CPA (Consumer Protection Act) that was introduced to South Africa in 2008.  Many have seen it in a positive light (and I am included in these), but many have seen it in a negative light.  Regardless of how you choose to see it, the very real and harsh reality of the matter is that it will affect you and have an impact on your life, one way or another.

Let’s face it, we have all, at one time or another had a bad shopping experience and have felt frustrated and abused or even bullied by a supplier – I know I have, but now you can actually do something about it.

Let’s go through the process together.

Firstly there are three different types of solutions to your consumer complaint.  They are:-

Class Actions;

Damages; and

Discriminations (remember though that discrimination complaints can be brought to, both the Equality Court or the National Consumer Commission, who will, in turn, refer it to the Equality Court).

Now, let’s go through the process one step at a time.

The first thing that you need to do if you have a complaint about a product or service is to approach the service provider.  Obviously, if you can resolve the problem at this level, between the two of you, this would be first prize.  Remember to document everything as this will obviously assist.

There are, of course, some suppliers who will not be willing to play their part in the dispute negotiation and so at this point, you would need to refer the matter to the DRA (Dispute Resolution Agent), who will attempt to resolve the matter in a fair and impartial manner, through an ADR (Alternative Dispute Resolution) process.  Remember, the more information that you give them, particularly documented, the easier it will be for them to prove or disprove the situation.

From there, so-called “minor matters” will go to a provincial office, where the dispute will be forwarded to the Provincial Consumer Courts.

At this point, it will become the responsibility of the Commissioner or the Tribunal to resolve the matter.

At this level, each complaint will be thoroughly investigated by the National Consumer Commission, who will, in turn, refer cases to the Consumer Tribunal.

The buck stops with the Consumer Tribunal who have the authority to decide whether the Consumer Act has been contravened or not.  They can and will, order changes in the practice of “how things happen” in the supplier’s business or they could also make the supplier pay a fine or even implement a process in the supplier’s business to ensure that things happen differently next time.

As you can see, this is quite an onerous, complex process – so don’t be thinking that it will take all of five minutes.

The bottom line of course is that finally we, as consumers have a voice that we can make heard.  Conversely, if we are service providers who don’t do things properly, our clients too, have a voice that can now be heard.

As usual, though it is a process that has to be followed correctly, so again, please understand that it will not happen overnight and if you are a “knee jerk” type of individual like I am, you will have to wait patiently while the wheels of justice turn.

You also have to understand that the CPA is not something that is unique to South Africa, it has been introduced in several countries across the globe, so it’s not the S A Government out to get you.  

Next time we will continue with the process.

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

>>

Part 2

http://www.viljoenconsulting.co.za/2019/04/cpa-101-consumer-complaint-procedure-part-2/

Part 3

http://www.viljoenconsulting.co.za/2011/10/cpa-101-consumer-complaint-procedure-part-3/

Networking 101 - Some More Networking Tips for Introverts

 Networking 101 - Some More Networking Tips for Introverts

By Nikki Viljoen of N Viljoen Consulting (Pty) Ltd

Following on from last week’s offerings on Networking for Introverts, here are some more tips for other Introverts.

When I first started Networking for my Business, I was like a kid with a new toy.  If there was a Networking event, I was at it.  I could not get enough!  Not only would I be at every single networking event, but I would also scurry around frenetically trying to touch base with every single person at the event.  I wanted every single person’s card or contact details because each person, each card, each contact detail was an opportunity.  It was madness personified!

Many of the individuals were not really interested in meeting with me but felt obliged to give me their business cards or contact details.  When I contacted them to set up a meeting, they hummed and ha-ed and finally agreed to a meeting and then on d-day, despite me having confirmed the meeting, they just did not pitch!  It wasted time for both of us and a somewhat disillusioned me!

You see, the bottom line is that not everyone “gets” the whole networking concept and as the old saying goes, you can lead a horse to the water, but you cannot force it to drink.  In my enthusiasm, I had automatically assumed that everyone would be as excited about networking as I was.  Well, they aren’t – so deal with it, get over it and move on!

Nowadays, I am a lot more sedate about networking.  Don’t get me wrong, I am still as passionate about it as I ever was – I just look at it and deal with it a whole lot differently.  

I no longer feel the need to attend every networking meeting on the planet – two or three a month are more than enough.

I no longer feel the need to obtain every single participating person’s business card or contact details.  Now I “cherry-pick” a few individuals who I think I may either have synergy with or who I feel “drawn” to meet (yes I go with my gut feel!) and I touch base with those who seek me out.

I no longer get stressed out if people don’t pitch for a meeting, now I take work along with me and get on with it, recognising the fact that everyone is not automatically on the same page as I am.

My diary is still full with meetings sometimes booked as far as two or even three months in advance, but I no longer have this intense need to make a difference in someone’s life.

You see, building relationships takes time and commitment, and although networking gives you a foot in the door, the relationship still needs to be built and that is not something that should be rushed, and quite frankly running around frenetically is not only exhausting, but it is also very time-consuming.

So take your time, accept your limitations and the limitations of others.  Go to fewer events but make them quality events.  Meet with fewer people, but make sure they are people who value who you are and what you do and make those meetings count and finally, be gentle with yourself, don’t push yourself too hard and too fast.

Oh . . . . . and remember 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 www.viljoenconsulting.co.za 

Business Tips – Managing Your Business – Part 1

 Business Tips – Managing Your Business – Part 1

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Most will agree that the light at the end of the tunnel is no longer an oncoming train and whilst the 2008 recession (such as it was) is now officially over, it will take the economy (read SMME’s) some time to rally, make a come-back and hopefully deposit us right back to where we were – obviously not in terms of what caused the meltdown in the first place, but certainly in terms of running productive, successful businesses.

I know that I really had to ‘grit’ my teeth and bear it for a few months – you know what I mean – the uncertainty of money coming in or getting work in or making the sale and so on.

That said the Pandemic of 2020, has again hit everybody and whilst some have soared, many SMME’s have lost everything and other’s are just barely holding on.

The fact of the matter is, that when you are in the dwang – that’s exactly where you are and sometimes it is just a matter of waiting it out.  There are a number of tips though, that will help and guide you through, should you find yourself in difficult or trying times.  Actually, it is not a bad thing to get yourself in the habit of doing these all the time – bad or good times.

Finance

For me, if you have lost control of your finances, then you have lost control of your business.  I think that most people when they think of business finances, what they think about are the books and whilst I agree with that on some level, I also want to make it very clear that the books are “reactive”. By that I mean that they are “in the past” – what is contained in your books has already happened.  Cash flow, on the other hand, governs what is happening right now.

Think about it for a moment – it doesn’t matter how many people owe you money, or who have promised to pay you – the bottom line is that when you look at your bank account, it is about what is actually there (less what needs to be paid out) that actually counts.  So it stands to reason that the cash flow needs to be properly managed and should be discussed at every management meeting.  If like me, you are on your own, it is a good idea to make time (at least weekly) to check up and see what is going on.

Make sure that the Management Accounts are monitored on a regular basis and that they are consistently checked for issues such as the key ratios, this will assist in enabling you to identify trends earlier when you can still do something about them, rather than later when you are already in the smelly brown stuff.  Updating your cash flow forecasts on a regular basis will also assist in ensuring that you are ahead of the game – remember to watch the sensitive bits – issues like a change in the exchange rate or a price hike in fuel could have a huge effect on your margins.

Next time we will have a closer look at margins.

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 

>> 

Part 2

http://www.viljoenconsulting.co.za/2010/12/business-tips-managing-your-business-part-2/

Part 3

http://www.viljoenconsulting.co.za/2011/01/business-tips-managing-your-business-part-3/

Part 4

http://www.viljoenconsulting.co.za/2011/04/business-tips-managing-your-business-part-4/

Part 5

http://www.viljoenconsulting.co.za/2011/04/business-tips-managing-your-business-part-5/

Inspiration – Pressing Limits

 Inspiration – Pressing Limits

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd 

Dr Joyce Brothers says “In each of us are places where we have never gone.  Only by pressing the limits do you ever find them.”

Good Grief!  It is said that as authors, wordsmiths and writers, we often write about what we most need to hear and quite honestly, this is never so true as it is right now.  You see for years and years I have lived in a very safe space in my personal life and right now I am pushing the boundaries and pressing for “no” limits.  In some ways, I am scared out of my wits and in another space, it feels like I have shrugged off the velvet ropes that have kept me bound for so long. It is liberating and empowering and deliciously, enticingly scary.  It feels as though every nerve ending is straining at its roots to stretch itself to its fullest capacity in order to achieve its ultimate goal.  

Quite honestly I cannot wait to see what happens next.  

Quite honestly I am petrified at what could happen next.

Quite honestly I wonder why it has taken me so long to get to this point – I cannot believe that it was fear alone or perhaps I don’t want to believe that I could allow fear to hold me captive for so long.

The point is though, I feel alive!  

The point is I am really excited!  

The point is, I am the author of my own book, the director and star of my own movie.  The point is, that for the first time, in a very long while I am doing what is important for me.

The strange thing though is that I am always aware of me pushing the limits in my business capacity.  My friend Tess Elsen said at our monthly breakfast get together, that for years now, she has seen me work hard towards my goal, my focus has never waivered and my intentions were very clear.  Sure there were months when I wondered what the hell I was doing.  Sure there were months when I did not know if there was enough money to put food on the table.  Sure there were months when I faltered and fell, but I got up and shook my fists at the Gods and at the Universe and more often than not, even at myself, but I persevered.  I knew that deep down in that place inside all of us that hears the truth, what it was that I wanted to achieve.  I knew that what I wanted to achieve is right for me and I also knew that I could achieve it. It is within my grasp!

So if I knew all of this in my business life, why did I not know it in my personal life?  Truth be told, how could I not know it in my personal life?  Quite simple really – I think that in our business lives, we write “Business Plans”, we compile “Mission Statements” and live our professional lives by a business “Code of Conduct” and our personal lives just get the scraps that are left.  The moments in time that are not focused on what we need to do in our professional capacity.  It’s like we put the business before anything else.

Here’s the thing though – by leaving the “personal me” behind, I am making it all that more difficult to achieve the “professional me”!  Confusing as that may sound, Gemini or not, I am still one whole person and whichever side I neglect will have a pronounced effect on the other sides.  I need, as a whole person, to be balanced.

In order to achieve that, I have to push the personal boundaries in much the same way that I push the business boundaries.  

I have to ensure that I find those places inside of myself that I have never gone to and get myself there.

I have to ensure that I am never in my “comfort” zone for too long.

I have to ensure that I am focused on what it is that I want to achieve.

I have to be all that I can be, at work, at play and as me.

I have to ensure that I live my life, my whole life for me.

What about you – do you push your limits?

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 . . . Staff Don’t Bring a Doctor’s Certificate

 HR 101 – What to do When . . . Staff Don’t Bring a Doctor’s Certificate

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd 

Please note that this pertains to South African Labour Relations, The Basic Conditions of Employment Act and Best Practice requirements.

As entrepreneurs and small business owners, I am sure we have all experienced the same problems with our staff, particularly around the issue of doctor’s certificates when staff are off ill or when staff with babies or small children are off ill.

Much of the aggravation can be avoided by having a proper Letter of Appointment in place.  Some of the issues that need to be documented are (but are not limited to):

- During the first six months of employment you are entitled to 1-day sick leave for every 26 days worked.

- Thereafter you are entitled to 36 days (if you work a six day week) every 36 months or 30 days (if you work a five day week) every 36 months.

- Sick leave cannot be accumulated

- Sick leave cannot be paid out.

- Sick leave (or indeed any leave) can only be taken in accordance with Company Rules and regulations.  (This would include things like (but not be limited to, sick leave forms that would need to be completed and when doctor’s certificates are required etc.)

- If a staff member is off for two consecutive days or on a Friday (or Saturday) or Monday or before or after a public holiday, a certificate must be submitted together with the leave application form, from a registered practitioner.

- A Medical Certificate can also be requested by law and in compliance with the BCEA (Basic Conditions of Employment Act) if your staff member is absent for more than one day every 8 weeks.

- Medical appointments, unless in the case of an emergency, should be made first thing in the morning (and where applicable the staff member should then go to work) or last thing at the end of the day, so as to disrupt the workflow as little as possible.

- Failure to produce or submit a medical certificate from a registered medical practitioner, where applicable may result in unpaid leave.

- As an employer, you are not required to pay an employee if they don’t submit a doctors certificate where required.

- The certificate must be from a registered medical practitioner.  If the doctor/traditional healer/herbalist (insert whatever you like here) is not registered as a medical practitioner you are not obliged to accept the certificate.

- As an employer, you are entitled to verify the authenticity of the certificate by phoning the doctor to verify that the employee is/was in fact under treatment or that they did in fact visit the doctor for treatment.

Remember though – your staff are entitled to confidentiality so you are not entitled to know the details of what is actually wrong with them or the nature of the treatment.

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 – Put It Out There

 Blogging 101 – Put It Out There

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Over the last couple of months, I have been asked several times, by nervous aspiring bloggers “How” to get their messages out there.

My advice – just get it out there!

Let me be absolutely clear about this – just getting it out there does NOT mean that you don’t have to do the research! Of course, you do.

It’s great if you are 100% comfortable with your product or service, but there are always things that are changing.  We all understand that technology changes at the speed of light (well that’s how it feels to me anyway).  Then of course legislation also changes at a rapid rate.  Market trends change and all of these changes impact on what you do and how you do it, so even if the information doesn’t change what you want to write about will, so chances are that is stuff that you need to know about anyway.

Just getting it out there also doesn’t mean that you should be doing a “slapdash” job.  You should still be taking the time to think about what it is that you want to say and of course how you say it is also important in order to get the right message out.  Be sure of your facts, be sure of your content and always be professional.

Just getting it out there also definitely does not mean that your idea or your article or your product or service will be successful.  There are so many contributing factors to being successful and getting it out there is just one more little nudge going in the right direction.

It’s not all doom and gloom though because the positive side of getting it out there is (but not limited to):

- You’re online, you’re cultivating a following (well hopefully cultivating one), just as you are also following like-minded individuals or mentors or coaches.

- You’re not battling to get physical appointments with individuals who are jealously protected from people like you, by gatekeepers and PAs.  

- Here you have an opportunity to be heard, to have your say, to state your case and say what you need to say – not only to one person or a handful of people who make up the Board but to millions of people from all walks of life. People who are interested in what you have to offer or say.

- Online you are able to express yourself without the added pressure of being in front of a bunch of people who often (to your stressed-out mind that is filled to capacity with anxiety) look like predators who haven’t eaten for months and who smell the strong scent of fresh meant – the fresh meat, of course, is you!

- Here online you can field comments and suggestions and consider all the input from around the globe, before responding . . . or not.  People with ideas and comments that spark your imagination and who inspire you.

That’s just a tiny part of the appeal and the beauty of the internet.

Remember though, when you write your piece, that it’s good to consider all the feedback that you get and respond in whichever way you please but that if you’re are going to assume anything, assume that everybody – excluding yourself of course -  everybody knows nothing! That way your words can be understood, comprehended and appreciated by everyone.

So go on . . . just get it out there!

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

Networking 101 - More Tips for Introverts

 Networking 101 - More Tips for Introverts

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd

Following on from last week’s offerings on Networking for Introverts, here are some more tips for other Introverts.

When I first started looking for business at networking events, I felt that I had to get myself to every networking function that was available.  Please believe me when I tell you that I spent many a very uncomfortable hour standing around trying to force myself to smile and introduce myself to total strangers, because I wanted their business desperately, whilst trying to look casual, professional and anything but desperate.  Going to every meeting that was taking place was a really good thing though because, no matter how difficult it was at the time that is how I learned, what kind of meeting best suited me.  For me (and I suspect that this would work for most of the other introverts out there) a semi-facilitated, loosely structured type of environment works best.  At least I am sort of introduced to people, (not necessarily one at a time or even one on one) and they recognise me (and I them) and we can strike up a conversation and get talking.  Going to networking functions where you don’t know anyone and nobody knows you and you have to go up to strangers and introduce yourself is like going “cold calling”!  That as far as I am concerned is for the birds and I am not a vulture!

So now, when a new meeting (with a bunch of people that I have not come across yet) is marketed or I am invited to attend something new, I always go to check it out, but that does not necessarily mean that I will automatically join up.  There are different types of networking meetings and I function better at these when I feel comfortable in my surroundings.  This also does not mean that I am restricted to one group – quite the contrary – I belong to several different groups, each one slightly different from the other, but all semi-facilitated, loosely structured and made up of individuals who are serious about doing business!

Find the type of meeting that fits with you as an individual.  Make sure that you feel comfortable, meet the individuals and grab all of the opportunities that come your way.

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

Business Tips – Be Careful What You Click On

 Business Tips – Be Careful What You Click On

By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd 

Please note that this pertains to the South African “Electronic Communications and Transaction Act” and Best Practice requirements.

One of the things that I always try and engrave on the minds of all the delegates who go through my workshops is that it is important to have all your contracts in place.  Contracts between you and your partners and contracts between you and your suppliers, contracts between you and your clients and, for goodness sake contracts between you and your staff.  Contracts are really important.  But what does the word “contract” conjure up for you?  For me, it conjures up pages and pages of legalese, most of which I cannot understand and probably need a whole week to go through, line by line, in order to understand exactly what the terms and conditions contained therein mean.

We’ve all been caught, I’m sure – by the unscrupulous retailers and service providers that have something on the reverse of their invoices.  You know which ones I mean – where the writing is so small and squished together that you need a magnifying glass to read it.  They are the people, when you query something, who puff themselves up and sarcastically remind you that you accepted said terms and conditions when you accepted the invoice and then very importantly e-mail you the front of the invoice/document that says something along the lines of “when you accept this invoice/document you agree to all the terms and conditions on the reverse of said document”.  Of course, they never send you the reverse of the document and usually, the end result (because it’s too much bother to fight the system) is that you just give up!

But what about electronic signatures?  What about when we “click” on that button that says agree/disagree with the terms and conditions?  I mean really, do any of us even think about what that means?  Can anybody hold me legally liable because I clicked on a button?

Well here’s the thing – yes they can!  So if you click on the button to say that you are over 18 and yes you can go into that particular site – you know the one that your mother and father would be horrified if they knew you were going in there – you can be held accountable!  And no, it’s no good glaring at me – this is according to the Electronic Communications and Transactions Act 2002, which of course means that it is the law that says so!

In effect, the Act says that information cannot be considered “without legal force” just because all of it of even some of it is in the form of a data message.

You see, a “data message” is something that is generated or sent or received or stored or archived electronically and if they can be accessed or used for reference, then they are recognized by law as legal.  Anything that can be printed or saved fills the requirements and that of course includes Web-pages and e-mails and their attachments.  Electronic data nowadays is in fact seen as the same as paper documents.  Therefore they are considered to be legal.

The Act also says “an electronic signature is not without legal force and effect merely on the grounds that it is in electronic form.”  This means that whilst a physical signature is used to make a contract binding an electronic signature can be used to identify a specific person and that indicates their approval or acceptance of the electronic information, and it is, therefore, considered a signature.

It actually goes even one step further because if you reach an agreement on say e-mail for example – that agreement will be considered legal and binding at the time and the place where the offer or agreement was accepted and our e-mails are pretty much date and time-stamped.

Clearly, that means that when you click on the required spot or you agree to the terms and conditions on a website, you are committing yourself to a legal and binding contract, which in terms of South African law, can be enforced.

Be careful where you click people!

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 – Repeated Efforts

 Inspiration –  Repeated Efforts

By Nikki Viljoen of Viljoen Consulting (Pty) Ltd  

Robert Collier says “Success is the sum of small efforts, repeated day in and day out.”

Some time ago I was interviewed by Helen Nicolson (for her new book on Networking) and one of the questions that she asked me was “What do you consider as success.”

I don’t think that I missed a beat before replying something along the lines of that success means different things to different people.  Think about it for a moment, flicking a light switch, as you enter a dark room and having the light actually come on – well that’s a success!

Having looked at what Robert says and thinking it over very carefully, I am more than a little inclined to agree with him.  It’s the daily effort that we put into things that ensures that we become successful as individuals.  Never mind the money and the accolades (sure they are wonderful and often make life so much easier), the fact that we have carried on despite all odds, in spite of the negatives and hardships and irritations that we all face on a daily basis is in itself, a proclamation of our success.

I mean where would we be if we didn’t get out of bed each morning, put on our happy faces and bravely faced the world? Probably up Sh*t creek with no paddles.  Sure many of us bounce out of bed and bounce around from pillar to post every day, but we all have days when we don’t want to get out of bed, where we don’t want to face the world and yet somehow we do.  We drag ourselves out of bed and drag ourselves from meeting to meeting and from task to task, clearly only thinking of putting one foot in front of the other, and minute by minute, getting through the day.

Here’s the thing though, we have in actual fact been successful – yes we have.  We haven’t stayed in bed, where the perception is that it’s warm and safe.  We have gotten out of bed and through our actions, we have accomplished something – and remember, without an action of some sort, nothing will happen.

Day after day we perform actions and successfully negotiate our way around obstacles that as SMME’s and Entrepreneurs, are everywhere in abundance.  We deal with power outages and bad cash flows and client’s who don’t pay and bad (or no service) from our service suppliers and no internet connections and staff who don’t want to work or who steal from us and people and institutions who think that they have the power to make us dance like idiot puppets to any old tune that they feel that they can play.

And yet, somehow – with little more than guts and determination, we get to the end of each day.  Sometimes a little wearier than the day before, but more often fired up and excited about what we have achieved.  The deals that we have signed.  The incredible people that we have met and engaged with.  The doors that we have opened (or even managed to shut and bolt) and then we deal with the other one hundred and one little things that constitute our day – and you know what?  We have succeeded, minute by minute – footstep, by footstep, we have succeeded.

I think it’s time to stop beating ourselves up for the perceived failures and instead celebrate all the successes that we have. Let’s toast ourselves for each and every little success and by doing that before we know it, we will be celebrating a tiny little success that will leave a huge big imprint on our hearts, our souls and indeed, our lives!

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 Your Staff to Work Overtime

 HR 101 – What to do When . . .  You Need Your Staff to Work Overtime

By Nikki Viljoen – Viljoen Consulting (Pty) Ltd 

Please note that this pertains to South African Labour Relations, Basic Conditions of Employment Act and Best Practice.

We haven’t visited with my favourite protagonists for some time now, so let’s re-introduce them.

We have George who is a Salesman at a retail store and Mike who owns the retail store.

Mike wants to do a year-end stock take after hours so as not to interfere with the daily turnover and he, therefore, asks all the staff to make themselves available to work overtime on the Sunday afternoon, after hours to do the stocktake.

George has decided that he will not work overtime.  Mike is furious and wants to discipline George.

We’ve all been there I am sure.

Here’s the thing though – you cannot force a staff member to work overtime unless there is a documented and signed agreement in place and this is in accordance with the BCEA (Basic Conditions of Employment Act) Section 10(1)(a).

When reading the BCEA, you will note that they have made provision for a certain number of hours of overtime.  The Bargaining Councils have also made this provision but that doesn’t mean that you can force someone to work overtime.  You still have to get the consent of the employees.

So how do you get around this problem, I mean realistically speaking, no one wants to have to rush around to all the staff with Letters of Consent, every time that you want them to work overtime.

It’s actually quite simple – you put a clause in the Letter of Appointment/Contract that stipulates that they agree to work overtime from time to time.  If this clause is not in your Letter of Appointment/Contract, as a standard requirement, what you will have in fact is a workforce who will have a lot of leverage over you.

Why do I say that – well here is another scenario.  Let’s go back to George and Mike.  Let’s take the same setting.  Now all the staff see that George has refused to work overtime and they now know that they are not obliged to work overtime and they also know that being yearend, Mike has no option but to do the stocktake, for the year-end figures.  If Mike does the stock take during working hours it will impact his turnover as well as his year-end figures and if he doesn’t do the stocktake by close of business on the last working day of the year, this will also impact his figures.

What do they do, well George and his fellow workers go into “demand” mode?  They demand additional overtime pay, they demand a food allowance, they demand an additional travel allowance and they also demand time off for time worked.

Mike is in no position to do anything but agrees to their conditions because the reality of the situation is that it would cost him more in the long run if he didn’t do the stock take on time.  There would be costs on time lost as well as the time it took to adjust figures and a whole bunch of other issues to be taken into account.

So putting this clause as a standard into your Letter of Appointment/Contract could save you a huge amount of headache and money in the long run.

Make no mistake, staff can still “refuse” to work the overtime but then it becomes “Breach of Contract” and the matter can then be dealt with as such.

As always, if you are not sure about what to do, contact a reputable Labour Attorney to assist 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