Avi's Blog

Age Defense

Being a business owner in South Africa can sometimes become very tricky, especially when you start dealing with staff and the labour law. Now when we start or buy a new business this is the furthest thing from your mind, and nobody ever think that they will be placed in certain uncomfortable situations. So today I will try and simplify some of the basics for you, especially when it comes to staff dismissals. 

You find two types of dismissals, Fair & Unfair dismissals. There are some reasons for which employees may never be fired, under any circumstances. An automatically unfair dismissal is any dismissal that is made on these impermissible grounds. If an employee is dismissed directly for any of the following reasons, the dismissal is automatically unfair. Employees cannot be dismissed:

1. For participating in a legal strike
2. For refusing to do another striking employee’s work
3. For not accepting employers’ demands if the dismissal is used as a means to get compliance
4. For acting against the company, while complying with the LRA
5. For being pregnant or for matters relating to the pregnancy
6. On arbitrary grounds like on race, religion, sex, age and any of the other constitutionally protected categories. The only exceptions are if the employee has reached retirement age, or if the dismissal is based on the inherent requirements of the job (e.g. somebody who has become blind cannot work as a bus driver).
7. Because the company’s ownership was transferred or sold as a going concern 
8. Because of a protected disclosure made by the employee, known as “whistle blowing"

If an employee alleges that they have been unfairly dismissed and the employer contests this, acourt must discern the primary or main reason for dismissal. If a union member was dismissed for gross misconduct, for example, the court must decide which was the primary motivating reason – the membership or the misconduct. If it is the former, the employee must be compensated. However, employees don’t become immune from dismissals simply if they join unions, are pregnant, become disabled, speak a different language or for any other reason listed above. They cannot be fired purely on these ground

If it is discovered that an employee was unfairly dismissed, the employee may be given the choice either to be reinstated, or to receive compensation (generally double the amount that is given for other  types of unfair dismissals).

There are only three reasons for a ‘fair’ dismissal. And even if you dismiss with due cause, if you don't follow the correct procedure, you'll end up at the CCMA for sure! 

1. Conduct of the employee
2. Capacity of the employee (his ability to do his job)
3. Operational requirements of your business (retrenchment)

The above three reasons for dismissal form the basis of 'substantive fairness'. However, if you dismiss someone for fair reason, but don’t follow the proper procedure, your dismissal will be unfair. 

The dismissal should pass (and you must prove) all of the following tests to ensure substantive fairness:

1. The accused employee committed the misconduct.
2. The employee knew or should have known that the conduct was an infringement of your rules.
3. The rule or standard was valid or reasonable.

Use this checklist when you hold your next disciplinary hearing

It’s common practice to give 24 hours’ notice of a hearing.
However, in many cases the circumstances will require you to give longer advance notice, especially if there are numerous charges, or your employee will have problems accessing data to prepare for the hearing.

• Inform your employee of the allegations against her in writing. The allegations should be clearly set out, identifying exactly what she allegedly did wrong.
• Give your employee reasonable time to prepare for the hearing, which will depend on the nature and complexity of the allegations.
• Allow your employee a representative if she wants one.
• Present your employee with the facts that support your allegations and give her an opportunity to state her case in response.

Next week I will write about procedural fairness and dismissals and how to use it correctly so that you won't have to end up in hot water.

Please feel free to visit the following links for more information on Dr Baumann.

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Bionome Greetings

 

Mercia Kruger

Dr Baumann

National Sales & Business Development Manager

Tel:    +27 (11) 444 3633

Fax:   +27 (11) 444 2597

email: mercia@dr-baumann.co.za 

 

Energize Yourself

  

This weekend I lost a dear friend and previous colleague that I truly admire. She was one of those type of people that if they have entered into your life, you won’t find many similar to them ever again. 

She worked as an administrator for a company that deals in essential oils and homeopathic remedies. If you were a client you would not have guest that Tannie Minnie only work with the numbers. She knew that company back to front and made sure that everything ran with a certain meticulous procedure so that nothing and no one could slip through the cracks. If you asked her about a client, she could tell you everything about them, what they last ordered when and even what type of people they were.

I always found it strange being the sales person that clients phoned in and only wished to speak to Tannie Minnie and no one else. She had a unbreakable connection with clients that was astonishing. I could never understand this until recently.  

It was the way she spoke and answered them. She never hesitated for a second, and if a client wanted to know something, Tannie Minnie was the one that could answer them. She always went the extra mile for each and every client and put her personal touch on everything. It was so much easier and pleasant for clients to ask for Tannie Minnie, because she was their “one stop shop”, after they spoke to her they didn’t need to ask anymore questions. 

Imagine what legacies all of us could leave behind, and the friendships and colleagues we could make if we all strived to be like Tannie Minnie.  

I will end off with the inside of a card she once gave me for Christmas. . . 

As we grow up, we learn that even the one person that wasn't supposed to ever let you down probably will. You will have your heart broken probably more than once and it's harder every time. You'll break hearts too, so remember how it felt when yours was broken. You'll fight with your best friend. You'll blame a new love for things an old one did. You'll cry because time is passing too fast, and you'll eventually lose someone you love. So take too many pictures, laugh too much, and love like you've never been hurt because every sixty seconds you spend upset is a minute of happiness you'll never get back.

Don't be afraid that your life will end, be afraid that it will never begin.

Please feel free to visit the following links for more information on Dr Baumann.

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Bionome Greetings

 

Mercia Kruger

Dr Baumann

National Sales & Business Development Manager

Tel:    +27 (11) 444 3633

Fax:   +27 (11) 444 2597

email: mercia@dr-baumann.co.za 

Investing in People

We all tend to look back at the previous year and try to find the things that did not work well for us in business as well as our personal lives. Starting each new year is a very important time for our businesses, because it sets the rhythm for the rest of the year and the pase we will be taking on. One of the things that most businesses overlook is the people that work for them and the potential in them. So today I will be talking about how important it is to invest in the people that work for you. 

For every business the prime resource - the working capital - is people.  Money matters, but the human beings who work there matter even more. If you want to take a pragmatic view of people, regard them as an investment. Every employee costed money to acquire and also to maintain and they should provide a return on that outlay. The more you invest in them the more their value increase as they become more effective in their jobs and capable of taking on greater responsibility. 

So how can you as owner or manager contribute to effective training of your staff?

Determine the standards of performance required for each of the positions/jobs in your business.

Analyze the competences (knowledge and skills) relevant to the achievement of these standards.

Agree with these individuals concerned what these standards and competences are.

Review with these individuals their performance so that an agreement can be reached on any gaps to be filled between what they can do and what they should be able to do.

Every time you give someone an instruction treat it as a training  opportunity. Get individuals to tell you how they would do the job. This way you can help them to work out the best way for themselves, progressively giving them less guidance so that they learn to stand on their own feet.

Allow for the learning curve. Don't expect to much, but do require your staff to improve at a pace which matches their natural aptitudes. Only bear down hard on people if they are clearly not trying and have no excuse.

Always train and develop by example.  Give people the opportunity to learn from the way you do things. Remember that managers learn best how to manage by managing under a good manager.  And this principle applies equally well to other categories of job holders.

Remember that the prime responsibility for training and developing your staff rests with you and your results depend on their competence. 

Plan the training for your staff in accordance with a regular review of their training needs. 

Remember to use a variety of training techniques such as job instruction, assignments, coaching, and guided reading.

As written in "The Practice of Management" - Development is always self-development. Nothing could be more absurd that for the enterprise to assume responsibility for the development of a man. The responsibility rests with the individual, his abilities, his efforts ...Every manager in a business has the opportunity to encourage self-development or to stifle it, to direct it or to misdirect it. he should be specifically assigned the responsibility for helping all men working with him to focus, direct and apply their self-development efforts productively. And every company can provide systematic development changes to its manager.

This year Dr Baumann South Africa as a compony will be offering educational seminars relevant to the skin and the products we use in our Skinology Seminars  as well as new innovating ideas on business in our Millionaire Seminars. This will be just one of the ways we will be trying to assist you and your staff in your business ventures for new year.

Please feel free to visit the following links for more information on Dr Baumann

Dr Baumann

Product Dictionary

Safe Cosmetics

Products Hazard Levels

Downloads

Download Price List final

Bionome Greetings

 

Mercia Kruger

Dr Baumann

National Sales & Business Development Manager

Tel:  +27 (11) 262 5003

Fax: +27 (11) 444 2597

email: mercia@dr-baumann.co.za 

Seasons Greetings

Seasons Greetings

As we go through the year we see and hear about people and their success stories, and we wonder, how did they get to where they are today. A person told me once that other people take you to where and what you are today. If you are successful it is because of the people around you at that time. When we speak about our success and what we are today, we often forget to thank the people that got us there, whether it was by chance or not that they helped you. Sometimes it might also be because of your selflessness to others that you are where you are.

Taking this thought I searched through books and the internet for stories like these, and I was surprised at how many there was. The one that touched me the most was the inspirational story of "The Hotel".

One stormy night many years ago, an elderly man and his wife entered the lobby of a small hotel in Philadelphia. Trying to get out of the rain, the couple approached the front desk hoping to get some shelter for the night. "Could you possibly give us a room here?" the husband asked. The clerk, a friendly man with a winning smile, looked at the couple and explained that there were three conventions in town. "All of our rooms are taken," the clerk said. "But I can't send a nice couple like you out into the rain at one o'clock in the morning.  

Would you perhaps be willing to sleep in my room? It's not exactly a suite, but it will be good enough to make you folks comfortable for the night."When the couple declined, the young man pressed on. "Don't worry about me; I'll make out just fine," the clerk told them. So the couple agreed. As he paid his bill the next morning, the elderly man said to the clerk, "You are the kind of manager who should be the boss of the best hotel in the United States. Maybe someday I'll build one for you."The clerk looked at them and smiled. The three of them had a good laugh. As they drove away, the elderly couple agreed that the helpful clerk was indeed exceptional, as finding people who are both friendly and helpful isn't easy.

Two years passed. The clerk had almost forgotten the incident when he received a letter from the old man. It recalled that stormy night and enclosed a round- trip ticket to New York, asking the young man to pay them a visit. The old man met him in New York. He then pointed to a great new building there, a palace of reddish stone, with turrets and watchtowers thrusting up to the sky. "That," said the older man, "is the hotel I have just built for you to manage. "You must be joking," the young man said. "I can assure you I am not," said the older man, a sly smile playing around his mouth.

The older man's name was William Waldorf Astor, and the magnificent structure was the original Waldorf-Astoria Hotel. The young clerk who became its first manager was George C. Boldt. This young clerk never foresaw the turn of events that would lead him to become the manager of one of the world's most glamorous hotels.

This is just one of the many true stories out there, where one kind deed can take someone on such an incredible journey. I hope that this has inspired you as much as it has inspired me. Just think of the possibilities if we all live our lives everyday thinking of how we can improve someone else's life.

Please feel free to visit the following links to more of these incredible inspirational messages and hopefully one of them will inspire you as much as this one did me. 

Inspirational Messeges 

Have a Wonderful Christmas and a Fantastic New Year! 

Please feel free to visit the following links for more information on Dr Baumann

Stephnie-Anne Dickinson’s Blog

Dr Baumann

Product Dictionary

Safe Cosmetics

Products Hazard Levels

Downloads

Download E-letter Christmas

Download Price List final

Bionome Greetings

 

Mercia Kruger

Dr Baumann

National Sales & Business Development Manager

Tel:    +27 (11) 444 3633

Fax:   +27 (11) 444 2597

email: mercia@dr-baumann.co.za