Page 3 - KZN BUSINESS SENSE 4.3

OVERCOMING OUR

CHALLENGES

Akhona Mahlati, chief executive During the last year of his “I also believe that it’s in
director of BusinessFit time at Diners Club, Mahlati overcoming our challenges that
started a business with a partner, we’re able to know how strong we
khona Mahlati is the which prompted him to drop really are and this strength enables
Chair of Bright Sparks everything in Johannesburg us to reach greater heights in our
ATraining Consultants, and move down to Durban lives. It’s by defeating the demons
principal strategist and director to give the business the on a particular level that you’re
for Ewe Sana Marketing and much-needed focus required. able to get to the next level.”
Communications, executive Mahlati reflected that the day “I’m a driving visionary. When
director of BusinessFit, a member he handed in his resignation I’m in charge of a project, I offer
of the Durban Entrepreneurs letter and left Johannesburg to the team long-term vision and
Club Leadership Committee, start experiencing being self- have the ability to inspire and SPLITTING
and he chairs the management employed as a full-time business communicate that vision to others.
committee of a school. operator was a highlight of his I’m insightful and perceptive,

He holds a Bachelor of professional career. and I genuinely care about the CHARGES
Commerce degree in Marketing “Needless to say, three years development of others. I want
and Business Management from later the business was no longer to influence people positively
the University of KwaZulu- in operation. It’s after this failed not only in South Africa, but in
Natal as well as a Strategic business that I started lecturing other countries on our beautiful
Marketing Certificate awarded part-time and started my continent and all over the world. Patrick Deale, ■ Count 3: Failure to act with
by the University of Cape Town’s marketing and communications I want to see young people Labour lawyer the due diligence of an executive
Graduate School of Business. business,” said Mahlati. starting and growing sustainable & mediator
businesses which dramatically in your position.
Mahlati’s working life started However, he commented that reduce our unemployment rate ■ Count 4: Causing prejudice to
with a lot of small part-time even after failing, his strengths and our crime rates. Moreover, o multiple charges the organisation
jobs, but his professional career have always been in believing in I want to see African people arising from a single It would have been sufficient to
commenced when he obtained himself and his own abilities, being pushing the boundaries of Dact of misconduct make describe the allegation simply as
a position at British American resilient and being disciplined. He development and innovation.” dismissal more likely? “Gross Misconduct, alternatively,
Tobacco as a marketing says, “My children and my need to Workplace disciplinary Gross Negligence”. The
Mahlati added that his ‘drive’
management trainee in live and enjoy my dreams drive me is natural and not contrived. employee could face dismissal
Stellenbosch in the early 2000s. to give of my best. I’m inspired by “Business and life in general enquiries have morphed into on this simplified version if
processes which mimic criminal
Mahlati then moved a few years many events and episodes, which is about adding value to other trials. It starts with the choice of the enquiry found sufficient
later and worked for Capitec Bank teach me life’s great lessons.” people. We must always try to language. “Alleged Misconduct” evidence to make a finding
as their brand manager. During “I’ve faced many challenges; keep things simple and not to has become “Charges”. And of guilt on the probabilities.
this time, the bank was moved from discrimination to non- over complicate them. You can for extra gravity, Charges add No doubt the purpose of the
from a micro-lending ‘hangover’, payments by clients to financial only do good business with good “Counts” as sub-charges flowing over-elaboration is to “cover all
to being perceived as a competitive lows to breaking relationships people. We need to try our best to from the primary Charge with bases”. It could also be to create
retail bank. Post this position, and disbanding partnerships.” remove ourselves from negative criminal phrases like” to wit…” the impression that the alleged
Mahlati moved to Johannesburg He added that these challenges, associations and unbecoming thrown in. The Counts are act of misconduct is more
where he worked at the Standard and more so overcoming them, practices. The path to success is referred to as the practice of damning than meets the eye.
Bank Group in the Diners Club have made him a better and never straight and narrow. It’s more “splitting charges”. This approach could have the
International franchise. stronger person. of a journey of self-discovery which reverse effect and back-fire on
eventually plants you in the path of For example: The employer the overzealous “Prosecutor”.
your purpose. Once you’ve found alleges that a senior executive
your purpose, try your best to live sent a confidential document There’s the risk that the
it, enjoy it and to monetise it.” splitting of charges could
to a fellow executive to assist
He reflected that he has worked him with his preparations for appear as if the employer is
with and has relationships with a disciplinary enquiry. The “… throwing the book at the
some of the best minds in the employer considers this to be employee” as the Labour Court
country. However, these are not an act of misconduct worthy of has described it*. This detracts
well-known people, but ordinary dismissal because the employee from the merits of the primary
people who make things happen was not authorised to send the charge. A further problem is
without seeking attention. “I’ve document. that the employer would have to
also been fortunate enough to prove each of the elements of the
share rooms and speaking stages The Notice of Enquiry attaches split charges to make them stick.
with some of the biggest business a “Charge” describing the act of TIP: Employers should confine
leaders in the world,” said Mahlati. misconduct. Then it adds “Counts” the description of the misconduct
During his spare time Mahlati as sub-species of misconduct to an act defined in its Code of
loves listening to music, chilling arising from this single act of Conduct – or to an act which is
with good quality friends and alleged misconduct. The “Charge generally accepted as misconduct if
enjoying meat around a braai. Sheet” may read thus – the act is not specifically referred to
He sees himself as an amateur ■ Charge 1: Gross Misconduct: in the Code. Over-elaboration will
wine and champagne collector Gross Insubordination or not make dismissal more likely – it
so he loves drinking good wine. alternatively refusal or failure could make it less likely. n
“I also enjoy a few glasses of to carry out a lawful and
single malt whisky coupled with reasonable instruction.
a cigar on lazy weekends. I’m ■ Count 1: Direct challenge to the *Specialised Belting & Hose (Pty) Ltd v Sello
NO & others (LC case NO JR3136/05, judgment
not much of a TV person, but I 6 February 2009)
from time to time enjoy watching authority of management; Offices in KZN and Johannesburg
programmes related to travel and ■ Count 2: Breach of your C: 083 375 8771
E: patrick@deale.co.za
properties.” n contract of employment www.deale.co.za
Akhona Mahlati in London

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