People Smartz Blog
A Lesson In Expectation Management
I was driving along the road, the last of three cars travelling along a suburban street. Up ahead was a side street with one car waiting to turn out and another waiting to turn into it.
Unexpectantly, the first of the two cars ahead of me suddenly stopped to let these two cars exit and enter the side street.
Taken by surprise, both I and the driver of the second car braked hard. Unfortunately, the second car was unable to stop in time and drove straight into the rear of the first car, which then crashed into both the cars turning. Luckily, I was travelling far enough behind to avoid being physically involved and my car was undamaged - something I can not say for the other 4 cars involved.
More importantly, no one was injured in the accident.
Now what has this got to do with a blog about business you might ask?
Well, it teaches us a lesson in why it is important to manage expectations in your business - when you don't, the unexpected happens!
We have road laws that control how traffic behaves, signs that indicate who is required to give way or stop, speed limits and many other things that are provided to ensure we are safe and consistent on the road. Today's accident occurred (in my opinion), because someone decided that they would do the "unexpected".
Simply, he stopped to allow traffic that legally did not have the right of way to turn. As he stated after, he thought he was "doing the right thing" and that "they could be waiting for ages".
The problem was that this was not a behaviour those travelling behind were expecting - we were expecting him to follow the rules. He hadn't even thought that others would be expecting him to do something different!
Now we have said before in this blog that the number one thing we see when asked to assist businesses with issues that develop with people is that there is an inconsistent approach to expectation management.
When expectations aren't clear or not understood, then problems occur. In the case of the car accident, the expectations were clear, but the understanding was not - the driver did not understand the need to stick to rules, he did not understand the effect that his actions may have (I am sure he does now!)
So there is a lesson to be learnt from today's event - how you deliver and ensure understanding of your and your businesses expectations is important in ensuring your business remains on track - without any "accidents".
This is were tools such as position descriptions, employment agreements, codes of conduct, processes and procedures become very important. They lay out the basic "expectations" of the business in regards to behaviours, customer and peer interaction, business development etc. If these are clear and easily understood, you are a long way along the track to ensuring a smooth running business.
In line with this is ensuring that you have strong systems to communicate formally and informally with your team. This includes performance management systems and the way you pass on important information. Regardless of the size of the business, these systems in themselves can be designed to improve both individual and business performance.
Equally important is the demonstrated behaviour of owners and managers of your business. By ensuring your own actions are line with these expectations, you are providing an example to your team.
If you would like to improve the performance of your team, first look to how you manage your expectations - For many years, we at People Smartz, have been assisting in ensuring that businesses run smoothly through the strong development of these expectation management tools and behaviours. Call us today to assist you!
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Business Confidence Dropping - Latest Quarterly Index released
The latest information coming out of the business sector indicates a significant drop in business confidence and a unique situation developing in terms of a two speed economy.
The following summary is provided courtesy of the Institute:
"Alarmingly, this data was
compiled before any firm Carbon Tax plan was released by the federal
government, thus does not account for the affects of the proposed tax. In light
of this, confidence and sentiment in the business sector will most probably not
improve in the coming quarter.
Furthermore, job advertisements
fell, as did job creation in the past quarter.
The multi-speed economy in
Australia is presenting the business sector with the unique situation that has
the economy growing whilst at the same time making business owners retreat into
survival mode. As a result long term planning and strategy are suffering.
Interestingly employee
satisfaction levels within the business sector are higher than those of
business owner's satisfaction with their own business. This could exacerbate
already strained relationships."
Common Sense at Last! After School Work Back on the Agenda for Teenagers
Nearly a year and a half ago, a number of teenagers lost their after school jobs because of a clause within the General Retail Award which basically said a casual could not work for less than a 3 hour period.
For these teenagers, this effectively ruled out going to work after school as the time between school finishing and the retail outlet they worked in closing was less than 3 hours.
Now having restrictions on the minimum hours that can be worked is understandable. In fact, to a certain extent, I support them. However, when you are restricting the ability of teenagers to learn important work habits, then the law needs to be modified.
Arguments from unions etc that easing this restriction would lead to "job losses" and "lower wages" did not really argue the primary point - that by enforcing this rule we were interfering with what is basically a vital learning area for our younger generations. To suggest that allowing teenagers to work out of school hours was going to cost adults jobs just goes against the fact that most of those adults started exactly where these teenagers are now - with after school work! Where did these adults learn the work habits that brought them to employment in later life if not in jobs such as these?
While it took 16 months and 3 rounds of arbitration to get there, this is a decision that should be congratulated. Despite the unions and government supporting the maintenance of the 3 hour limit, the tribunal has decided that provided a certain set of circumstances exist, a school aged person can work for less than a 3 hour period.
Under the new arrangements, school age persons can work a minimum of a 90-minute shift. This will apply only if the employee is a full-time student; that the hours worked are between 3pm and 6.30pm on a school day; and the employee and their parent or guardian agrees on the shorter period. The shorter period is also allowed only if employment for a longer period is not possible because of the operational requirements of the employer or the unavailability of the student.
These arrangements are simple commonsense. It is a pity it took so long to arrive at this decision!
Dress for Success - An Important Message for All Business People!
Have you ever wondered how important good presentation is to your business? How dressing your team well could impact your business performance. Have a read of this great article from one of our business partners - House of Colour Brisbane. If you or your staff are in need of an "image refresh" - their contact details are at the end of the article!
First impressions matter, your customers’ opinion of your company, your product or your service will be influenced by their opinion of you and your staff. Thus it is vital to ensure that your professional image is giving the correct message about you and your business.
Firstly think about your profession and who you are going to meet, you need to dress appropriately for what you represent, but also for your clientele and also the location where you are meeting. If you are a personal trainer going to talk to a church group about the benefits of exercise and healthy eating it would be unwise to dress in full business suit regalia, instead it would be more appropriate to dress in a smart, clean, branded polo shirt and smart trousers. Whereas if you were a banker presenting to the same group you would want to carry slightly more authority so a quality shirt and tie (in your top colours) but without a jacket, since you need to be approachable to that group and a jacket can be a barrier to free communication. However, if you were the same banker presenting to a potential corporate client, you would want to carry full authority with a quality well fitting suit, a tie and high quality accessories.
The accessories we use are also important; these are a silent form of communication which can establish your professionalism. One client of mine, a female financial planner noticed a difference in the reaction of her potential clients when she switched from her basic phone to a Nokia communicator, suddenly she was taken more seriously - she had the correct tools for the job.
Likewise be aware of the watch you wear, a smart, quality watch shows you value your time, and thus the time of your clients, whereas as a sports or branded watch may be fun, but is it appropriate in a business environment? Another accessory to consider is your pen, does the pen you use state Professional Person? Or is it a chewed Biro which does you no favours in the status stakes? And what about your briefcase? Is this sending out the professional message or is it past its sell-by date and needing replacement?
I recently met with a sales guru who wanted to make sure his image portrayed his professionalism and that he wasn’t displaying any unknown barriers to communication. We looked at his accessories, and I immediately pointed out his key fob, it was a UK football team logo and it turns out he was an avid supporter of this team, well what happens if his client is an avid supporter of the opposing team..?
Grooming is probably the most important factor, you can have all the right tools and dress appropriately for the situation, but if your personal grooming is not impeccable you will not create the desired for first impression. Make sure that hair is clean, neat and not a distraction, make sure your fingernails are clean and for women that nail polish is not chipped. If you are female, wear appropriate make-up, a lack of make-up gives the impression you have just got out of bed and could not be bothered, whereas heavy pancake make-up can be mask to hide behind and is not appropriate in a business setting.
Finally make sure you are dressed in your top colours, wearing the wrong colours can make you look, tired, drawn, overweight, drab and boring, whereas wearing clothes in your correct colours will ensure you look healthy and dynamic.
Ann Whitaker
House of Colour and Image
Tel 0424 656 097
Email ann.whitaker@houseofcolour.com
Website www.houseofcolour.net.au
Building on The Strengths in Your Business
Our aim has never changed, we believe that it is people who can drive a business to success and have not moved from this belief.
This means our aim has always been to work with businesses to assist them to build the individual and collective capability within a business - the aim being what we call "Mutual Success".
Last week we met with one of our long term clients. They are a small company of 20 employees with offices in two states.
This company has strong leadership, some good managers and some good people - A recently completed employee survey assessed their employee satisfaction at 73%!
But it was the items that the survey raised that interested us - what they were doing well, and what they could do better.
What the survey enabled us to highlight was the differences in management and leadership between the states. Where one state was strong in communication, the other was not, where one state was strong in sharing company performance, the other was not etc.
This has enabled us to see identify the individual strengths of the managers and use them in our planning to assist the company in moving forward to "mutual success". By developing a plan utilsing the individual competencies each manager is displaying, we can use those strengths to develop weak areas in another area of the company, or even in another individual.
Building on what you already have in an organisation can sometimes have a very positive effect on a company. By identifying the strengths you have in managers and staff, and utilising them to build the business you are developing not only the company but building responsibility, accountability and ownership - all positives for any company!
If you would like assistance in developing a plan to improve the performance of your company and encourage "mutual success" - Contact Us Today!
New Numbers Released on Unfair Dismissals
Earlier this month, Fair Work Australia released its latest quarterly report. It contains some interesting numbers in regards to unfair dismissal claims and the Fair Dismissal Code for Small Business
With unfair dismissals, the tribunal received 3219 unfair dismissal applications in the quarter. The overwhelming majority of these (2564), were settled at or before conciliation. The tribunal made decisions on only 64 dismissal claims in the quarter, finding 24 were unfair and 40 fair. Only 18 claims resulted in a decision awarding compensation to the ex-employee.
Employees are now much more aware of their rights under the act and claims are on the rise. Many of our clients are reporting that claims made against them have been frivolous and they have settled "just to make it go away". The numbers released this month certainly seem to uphold what they are telling us!
From the numbers presented by Fair Work Australia, The Fair Dismissal Code for Small Business is not working! While 609 applications related to a small business employee, only two were rejected because the dismissal was consistent with the code.
We believe this is a worry - if followed, the code is designed to protect a small business from unfair dismissal claims. At People Smartz, our experience is telling us that, if they know about the code at all, most businesses are finding it difficult to understand - after all, it is basically a corporate process that they need to follow!
We believe that small businesses are generally finding it difficult to work with these laws and over time the issues they present are compounding. The latest set of numbers from Fair Work Australia seem to indicate this is correct!
Given the current state of Australia's workplace laws, small businesses need to ensure they have the systems in place to protect them against unfair dismissal claims. This includes having appropriate systems in place to manage poor performance and terminate staff.
At People Smartz, we are experienced in assisting our clients to put such systems in place. For many years, we have had in place a review process for small business called a "People and Business Review". This is designed to review what is in place in your business and assist you to identify the changes you need to make to protect your business. Why not book yours today?
Contact Us Today!
Importance of "Fair" Disciplinary Procedures Emphasised
The case (Michelle de Leon v Spice Temple Pty Ltd [2010] FWA 3497, revolved around the "abrupt and quite unprofessional" manner with which an employee had dealt with a high profile customer.
As a result of a complaint from the customer, the employee was dismissed from her position.
The Deputy President of FWA was very critical of the employer because:
- the decision to dismiss the employee was made prior to meeting with her to discuss the issue. In the words of the Deputy President, she was effectively "ambushed" by the allegation and was given no opportunity to respond to the allegation.
- she was not given the opportunity to have a support person present at the meeting (the employer did suggest that the staff members immediate supervisor was present to support her but this was not accepted).
- she was not given any written warning about her conduct nor was she given a letter of dismissal stating the reasons for the dismissal.
The employer was then ordered to pay the employee 12 months pay as full compensation for loss of wages.
This case highlights the importance of ensuring you have a fair and equitable process in place to handle disciplinary issues.
At People Smartz, we regularly receive calls from members of our community who do not have these processes in place. Generally, the call is received when a problem has arisen and there is some concern regarding the situation. In nearly all cases, the presence of a established and published process for dealing with such situations is needed but is currently not in place.
At People Smartz, we can assist your business to have the appropriate process in place, easy to use and tailored for your business.
Contact Us Today For More Information
Warning - Fair Work Ombudsman says Leave Loading Payable on Termination
The Fair Work Ombudsman has given advice that award wage employees are entitled to the payment of leave loading on termination of employment.
In the past it has generally been accepted that on termination of employment, a departing employee was entitled to the payout of annual leave accruals but not leave loading. However, in a Senate Hearing a couple of weeks ago, the Fair Work Ombudsman announced that they had received legal advice from the Australian Government Solicitor saying that award wage employees "should now be entitled to loadings on untaken annual leave"
From our understanding here at People Smartz, this advice is based on the fact that the The National Employment Standards, which apply to all employees, actually say that employees must be paid out accrued annual leave payments at the rate they would have been paid if they had taken annual leave. If leave loading is applicable to the employee - then this means that leave loading is payable on termination.
Has would be expected, the Federal Workplace Relations Minister - Senator Evans as backed the Ombudsman and the advice being given. As also can be expected Employer Groups are not happy...
During a recent conversation with Fair Work Australia, we asked if employers would now be liable to backpay claims from employee. Their reply was that " this would be applicable to employees who terminated any time after January 2010". This also opens the possibility of complaints being lodged with the Fair Work Ombudsman regarding underpayment of entitlements. If this occurs, we expect, and hope, that the FWO would treat such complaints on their merits.
So what do you need to do
- First when calculating termination payments, you need to fact in leave loading (if applicable to the employee).
- Next - if you are approached by an ex-employee for the payment of leave loading (if they were terminated after January 2010), you need to backpay them their entitlement.
Unions to Push for Casuals to Become Permanent
The unions last week began a push to enable casual employees to transfer to permanent employment.
The plan proposed by the unions would require employers to make casual employees permanent after 12 months. There was also some discussion in the plan about governments “favoring’ companies with majority permanent workforces in the awarding of contracts. The unions believe such an approach is necessary to tackle “precarious employment”.
Business groups were not happy (as you would expect) claiming that such moves would drive companies “to the wall”. They called the approach a “misguided view of the jobs sector” and said “it doesn’t relate to the modern-day Australian economy, which is dominated by the services sector”.
We gave had such rules before. In 2004/5, rules where “regular and systematic” casual employees were allowed to request part time employment were introduced. We had a similar “hue and cry” then!
From my experience, very few casual employees wanted to take up the opportunity. Australian workers generally understand the difference between casual and permanent employment and are often loath to let go of the 20-25% loading for casual employment.
Casual employment is designed to allow an employer to handle the peaks and troughs of their business. Casual employment contains no guarantees and no expectations of employment beyond the end of the current shift. In its purest form, it is “call and come to work”. Because there are no guarantees or expectations of future work, a loading is paid to compensate for the lack of annual leave, sick leave etc etc.
But the needs of the business often necessitate rostering casuals for work, sometimes weeks in advance. Overtime, this leads to businesses adopting rostering systems which virtually “guarantee” work to a casual. Basically, the employment becomes “regular and systematic”. When work becomes regular and systematic, the question needs to be asked – are they really casuals?
This is the point behind the unions push. If a person is employed as a casual but doing regular shifts and systematic work then they should receive the entitlements of permanent employees because in practice, that is what they are.
Whether you agree or don’t agree with the unions, there are many advantages to creating a permanent workforce in your business. A guarantee of employment encourages commitment and develops “ownership” in the role. Accountability is easier to assign to someone whose employment is guaranteed and your ability to develop consistent behaviors’ is improved.
Many businesses I deal with argue that putting on permanent staff “takes away the flexibility” from their business. For some businesses this may be true, and for them, I would not recommend such a measure providing the employment they were offering was not “regular and systematic”.
Another argument I often hear is that it is too expensive to have permanent employees. Well, the fact is that in the long run it is probably cheaper! While you need to accrue leave etc, you will not be paying the 20-25% loading and your productivity will most probably improve. The reality is that it often has nothing to do with “cost” but more to do with “ease” – it is easier to pay everything out with a 20-25% loading than have to “accrue”.
The ease of “getting rid” of casual employees is also stated as a reason for keeping people as casuals. However, the reality is that if they are regular and systematic in their employment, the unfair dismissal rules will most probably apply – the end result being that this argument is flawed in its execution!
For any workforce, permanent or casual, I recommend you sit down and work out the number of hours being worked in your business. Is there a constant number of hours worked in each week? This is the first step in working out whether you can (or should) put permanent employees in place. If you can, casual employees can then be used to handle the peaks and troughs – not for the constant hours.
If you must have casuals in your business, then think seriously about how you work with them. Do you roster them in a regular and systematic way? Do you need to do this? Can you do it any other way? In other words – do some workforce planning!
Would you like to know more about how you can improve the use of people in your business? At People Smartz, we assist businesses in planning for the most efficient and effective use of their workforce. We work with you to ensure that you are using your most important resource in a manner which leads to success for you, your business and your team. Call us today!
Free Superannuation Clearing House For Small Businesses
Well finally we have seen the establishment of a clearing house to help small businesses meet their obligations!
A free (and optional) super clearing house service is now available to small businesses with less than 20 employees to help them meet their super guarantee obligations.
The Small Business Superannuation Clearing House is administered by Medicare Australia and lets employers pay their super contributions to a single location in one simple electronic transaction.
Small businesses that register to use the service will have their super guarantee obligation discharged, as long as all of the following apply:
- they pay the correct amount;
- they pay by the super payment cut-off date;
- the payment is accepted by the clearing house; and
- the payment is not rejected by the super fund.
Employers who receive an employee's choice of fund nomination will have their choice obligation discharged if they pass the information to the clearing house within 21 days of receiving the choice of fund nomination.
Small businesses can register online for the service by:
- visiting the Medicare website at www.medicareaustralia.gov.au/super; or
- phoning Medicare Australia on 1300 660 048.
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