Documente Academic
Documente Profesional
Documente Cultură
■ Editorial A
NDREW WILSON • email: anorbury@iafrica.com • cell: 082 575 3861 A monthly
■ AdvertisinG Simon Turck (National business manager) • email: simon@rsp.co.za • cell: 083 252 8387 newsletter brought
to you by
■ SUBSCRIBE to GCM for R240 a year. Contact Natalie Shekleton • tel: 011 301 4448 • email: natalies@rsp.co.za
Continued from page 1 years by the members and is responsible for Remember that the design, development
Long term planning all matters relating to the financial, adminis- and maintenance of the course is critical to
The types of issues that should be part of trative and operational side of the club. the long-term success of any club. Whether
your long-term planning could include: The club manager: A paid professional you have a greens expert on your staff or
• increasing the future value of membership who is responsible for all non-golf-related outsource the function of course mainte-
to the club activities in the club. nance and repair, the responsibility must
• course design to suit member needs The director of golf: A paid professional remain with the club. There are extremely
• the development of new or upgraded who is responsible for all golf-related activi- competent people out there to be hired either
facilities ties in the club. as members of your team or as consultants.
• future funding for capital requirements In some cases it would be appropriate Whichever route you take, make sure you
• reward systems to attract and retain high- for the club manager to be in charge of the are contracting the best you can afford.
calibre staff running of the club with the pro reporting to
• reduction of operating costs and improve- him or her. In other cases the club manager Staffing
ment of services through development Staffing is probably the most critical aspect
of technology to ensure success. Things happen through
The short-term needs of the club such as the energy and actions of people. If you
planned rounds and income, reduced cost of employ and appropriately reward high-
operation and current complaints and crises calibre people, and give them the power to
will always be there, but if you don’t have a perform, you will succeed.
focus on the future you will be left behind. If you employ low-calibre people, how-
ever good your structures and intentions
Establishing appropriate may be, you will fail.
structures This is why I have queried whether we
The days of all-powerful club commit- were setting the bar high enough for people
tees dictating to the club manager, pro and to be able to perform effectively as directors
members what is going to happen, and when, of golf. It’s fine to play around with titles
are over. A good golf pro, who is involved in but there is a huge difference between being
The golf club is like any other business activities such as giving lessons, can a director of golf on the one hand, and a golf
trying to survive in a highly competitive be invaluable to a club. pro on the other.
environment. For this to happen you need A good few years of gaining experience
the club to be run by dedicated people who across the full spectrum of golf and club life
have the tenure, expertise and authority to and the pro could be of equal status, both will be the training ground for successful
ensure results. reporting to the chairperson. This will future directors of golf. However good the
Last month we touched on the temporary depend upon the calibre of people employed club and course facilities may be, it is the
nature of committees, and the problems and where you want the emphasis to be. people who will ultimately make the differ-
this creates. Captains, in office for a year, There is still a need for a non-executive ence. The golf professional is the golf expert
may well initiate some long-term thinking committee whose primary responsibilities and therefore the public face of your club.
and planning, but by the time serious are the long-term financial survival of the For the remainder of this article we will use
implementation is required, a new captain is club, its fiduciary responsibilities, and the the title of director of golf.
in the chair. development and protection of the club brand. Providing you have recruited the right
There is an international and local trend The chairman of the executive committee, person, empower them to perform. As we
to do away with decision-making com- must clearly sit on the non-executive discussed in last month’s article, there are
mittees made up of members only and to committee but the running of the club must four components that need to in place to
replace them with an executive committee be left up to the executive committee. enable any of your team members, but
structured roughly as follows: Focusing on the director of golf, this particularly your director of golf, to perform
Chairperson: A member of the club who is position would only be suitable in the larger up to expectation:
voted in approximately every three years by clubs, but the principles can equally apply Knowledge: To be a part of the inner circle
the members. to smaller clubs. His or her responsibili- of running the club. To be kept informed of
Golfing experience: A member of the club ties would include course development and all that is going on in the club, both positive
who is voted in approximately every three maintenance as well as the running of the and negative, so that he or she can lead the
years by the members and is responsible pro shop, although they would have experts golfing experience from the front.
for all matters relating to the golfing expe- in their fields reporting to them. In smaller Skills: To be allowed the budget and time
rience. clubs the greens expert may well sit on the to keep learning, whether it be the game
Operational: A member of the club who executive committee and report directly to of golf, teaching techniques, rule changes,
is voted in every approximately every three the executive chairperson. Continued on page 4
Contracts
This is probably the most contentious area
and it is impossible to deal with it fully in
one article. Going back to the principle we
raised at the beginning of the article, the club Be specific with your director of golf about issues such as pro-am participation and
owns the brand. For this reason I believe that who to invite.
the club also owns any royalties or benefits
that stem from owning the brand.
This doesn’t mean the director of golf efit of the club. They deserve everything tantly, make sure you have identified and
should miss out. He should be employed by they earn, considering the fact that they will agreed with him or her exactly what standards
the club as a senior executive and rewarded have invested upwards of R1.5 million in are required and what results are expected.
appropriately. stock, not counting the capital investment If you want to be specific in the contract
On the one hand, the golf pro is similar in fixtures, fitting and technology, as well as regarding what you want the director of golf
to the professional footballer. There are a working in the region of a 60-hour week. to do in order to enable him or her to achieve
few at the top who earn megabucks through It is essential that the club retains control the agreed long-term goals and standards,
playing the game, then there is the main of the critical success factors relating to the then identify matters such as:
body of professionals who can earn a good shop – range of merchandise, standards of • how much teaching can or should be done
living through plying their trade. On the staff, appearance and cleanliness, etc. The • pro-am participation and who to invite
other hand, however, the director of golf has pro shop is part of the image that a club • types of competitions and frequency
many responsibilities beyond playing golf. projects and is therefore part of the formula • member contact and frequency of games
He or she has to be skilled in areas such as for protecting and enhancing the brand. • marketing strategies and expectations
teaching, retailing, event organisation and Some clubs are now offering their • development programmes
inter-personal relations. directors of golf three- to five-year contracts It is impossible to develop a blueprint that
Unless a pro starts his or her own busi- in an effort to create stability. I believe the will suit all clubs and golf professionals.
ness, or buys into the ownership of a club contract should be drawn up so that the But if clubs want to be seen as market lead-
and invests accordingly, they should be better the club does, the more the director ers they will have to harness the expertise
contracted and rewarded as an executive- of golf earns. Give incentives for things like of the more experienced professionals in the
level employee. The package must include new members joining, visitor rounds up to a industry and empower them to lead the golf-
a market-related guaranteed income coupled certain cut-off figure and shop profitability. ing ‘theatre’ at club level.
with exciting incentive bonuses. Allow the director of golf to benefit from In the longer term, this means that the
There is debate as to whether the club or handling greenfees and cart management. PGA, in conjunction with the industry, will
the director of golf should own the shop. In These are aspects of revenue that the have to ensure that they equip their students
an ideal world the club should own the shop director of golf can influence. Stability does with the necessary skills and abilities to
and the director of golf should be tasked not come through how many years there are interact at the highest level across all facets
with running it successfully. to run on a contract; stability comes through of the golfing experience.
The reality, however, is that most clubs all parties being happy with the relationship. The route to becoming a successful
don’t want to be bothered with the run- The aim of a good contract and the job director of golf will be through completing
ning of their pro shop and therefore hand description linked to the contract is to specify a high-level academic qualification backed
it over to their pro. There are many exam- the results and standards required rather than up by broad and hands-on experience. It’s all
ples, especially in Gauteng, of where the pro the activities. If you have certain requirements about adding value for members and visitors
owns the shop and runs a highly successful in terms of what you want your director of in the future, and not just about analysing
operation for their own benefit and the ben- golf to do, then be specific, but more impor- spreadsheet data from the past.
During early October 2006, Golf Club would have had to purchase an All business at your club, as long as it is
the National Treasury published the Draft up-to-date accounting system to be able to aligned to your core objective (sport and
Revenue Laws Amendment Bill for public allocate member vs non-member business recreational facilities) will be exempt for
comment. The Draft Bill was debated at – besides golf playing fees, this would have income-tax purposes. Non-core business eg
public hearings before the Parliamentary included any bar or halfway-house revenue. rental and investment income will be exempt
Portfolio Committee on Finance (PCoF). The proposed amendments kindly allowed in terms of partial taxation, ie an amount
Subsequent to these public hearings, SARS Up the Creek Golf Club to receive R20 000 equal to the greater of five percent of all
and the National Treasury revised their from their non-member business (after member subscriptions or fees or R50 000 pa
initial proposals. expenses) before they would have a tax lia- (less any deductible expenses) will be subject
The Club Management Association of bility at a rate of 34 percent. This R20 000 to 29 percent tax. This is lot less onerous
Southern Africa (CMASA), an association de minimus also included any interest on than the original proposal which allowed for
not-for-gain, representing the recreational monies invested and any other business an ‘all-or-nothing’ basis of R20 000.
club sector in South Africa, in association related revenue – ie rental, etc. All clubs will be required to re-apply for
with Jackie Arendse, tax partner at Howard exemption based on the new legislation.
Arendse & Associates and Colin Wolfsohn Amended proposal The ‘how and when’ is still unclear. Your
of Wolfsohn & Associates, made a submis- Recreational clubs will be partially taxable previous exemption under Section 10(1)(d)
sion to the PcoF on behalf of their member in a less onerous manner than was originally will fall away once the Bill is enacted. It
clubs and the sector in general opposing the proposed. is proposed that the new legislation is effec-
proposed amendments and highlighting the tive as from 1 April 2007 for recreational
problems related thereto. Initial proposals Amended legislation clubs whose financial year commences after
Income tax on No distinction that date.
Original proposal all non-member between member and In short, the following applies:
Many clubs were not aware of the business non-member business ‘Recreational club’ means any company
implications of the proposed amendments, as long as it is related contemplated in Section 21 of the Companies
which included taxing all non-member to your core objective Act, 1973, society or other association
business (sport fees, beverage and food ie provision of of which the sole or principal object is to
sales, venue hire, investment income) at 34 recreation and sports provide social and recreational amenities or
percent. Besides the financial tax burden, facilities for members facilities for the members of that company,
sophisticated accounting and POS systems and their guests society or other association.
would have been required by most clubs to The constitution should provide for the
Tax rate of 34 Tax rate of 29
separate this income. I suspect audit fees following:
percent percent
would have increased to account for what • Its activities must be carried on in a non-
could have become an extremely difficult No payment to No payment to profit manner.
audit. employees of employees of • It is prohibited from directly or indirectly
One example and how it could have percentage of percentage of distributing any surplus funds to any
affected your club is: revenue revenue person, other than in terms of subpara-
‘Up the Creek Golf Club’, with a mem- De minimus of De minimus of graph below.
bership of 250, play their golf out of a R20 000 per the greater of five • It is required on dissolution to transfer its
facility on leased land from the local town annum for percent of member assets and funds to any other recreational
council. The facility has a small clubhouse, unrelated business subscriptions and club which is approved by the commis-
with a bar and halfway house. The golf income (including member fees or sioner or to a public benefit organisation.
club is situated in a small coastal town and investment income R50 000 per annum • It may not pay any remuneration to
relies on affiliated member rounds to meet and non-member for unrelated business any person which is excessive, having
their ever-increasing costs of maintaining business) income (including regard to what is generally considered
the facilities. Up the Creek Golf Club has investment income) reasonable in the sector and in relation
three adminsitration staff members and a to services rendered, nor may any remu-
Sale of Sale of
volunteer committee of eight, who are all neration be determined as a percentage of
membership rights membership rights
involved in the running of the club. In terms any amounts received or accrued to that
prohibited prohibited
of the proposed legislation, Up the Creek recreational club.
Unity is strength
The recent submission on the Proposed Amendments to
Revenue Laws made to Parliament on behalf of the club industry
by the CMASA is an important indication of what an association We are recognised as the mouthpiece,
like the CMASA can do. As an association, we managed to listening post, guide and mentor for
convince them to reverse their proposals on taxing clubs. Any individual sporting, recreation, country and resort
club would have found it extremely difficult to even receive a hearing clubs in South Africa.
at Parliament. MISSION “To actively represent,
Income tax is a small, yet extremely significant example of the challenges support and develop the recreational and
that clubs will be facing in the years to come, and we will all need to stand sporting club industry in Southern Africa.”
together in order to manage these challenges.
Collectively, we can get the best advice for the industry as a whole. The CMASA SERVICES
costs of fighting all these battles individually would scare most clubs. Morally, • Benchmarking
as custodians of the club industry and leaders in our community, we need • Legislative updates
to accept certain things that may not be in the best interest of any individual • Recruitment – management positions
club, but generally is in the best interest of the industry and our country. • Education
Our extremely competent General Manager, Beryl Acres, is perhaps the • Allied associations
closest and most learned person to the policy-makers on all matters such • Information resources
as taxation, development, liquor and smoking laws, etc. As much as we as − Policies
managers want to be entrusted with the success of our clubs, we need to − Sample menus
trust in the skills and integrity of our General Manager. − Sample surveys
Make your association, the CMASA, stronger by participating whenever − Digital educational sessions
possible and together our strength will get the recognition and respect of the − Club operations manual
necessary people. − Committee manual
Paul Leishman, Chairman, CMASA
CMASA contact details
Tel: (+27 11) 482 7542
Fax: (+27 11) 482 7533
• All members must be entitled to annual or rural areas. A possible threshold entry level
Physical address: 1 Napier Road,
seasonal membership. requirement for these clubs could have been
Auckland Park, Johannesburg
• Members are not allowed to sell their provided for in the legislation.
Postal address: Suite 374, Private Bag
membership rights or any entitlement in This new legislation may be onerous for
X09, Weltevredenpark 1715
terms thereof. many clubs, but we believe it is the best solu-
Beryl Acres: General Manager
• The club undertakes to submit to the tion to a bad proposal. When one considers
Email: gm@clubmanagement.co.za
commissioner a copy of any amendment that charities, churches and the like are
Karen Stradling: Admin
to the constitution. treated in a similar manner, is this legislation
Email: news@clubmanagement.co.za
Failure to comply with the provisions of unexpected? I think not; clubs have always
Taryn Broeders: GCMGA and SAGF
Section 30A (abbreviated above) or the been viewed, incorrectly, as elitist and unfor-
Email: admin@clubmanagement.co.za
constitution (club) that relates to these tunately the larger and more prosperous clubs
provisions will result in the commissioner have highlighted ‘club life’ and the perceived
notifying the recreational club that he or she wealth attached thereto. Our negotiations People on the move
intends withdrawing the exemption approval with the National Treasury required us to Richard Lambrick, who previously
of that recreational club if no corrective steps take the middle road and negotiate in the best worked in the United Kingdom, is now the
are taken by that club within a period stated interests of all clubs in South Africa. When general manager at Durban Country Club.
in that notice. one considers discussions the CMASA had Ray Stopforth, formerly of San Lameer, is
some four years ago with SARS, it was then now golf director at Victoria Country Club.
Author’s comment the intention to tax all non-member business Derek Lloyd moves from outside the indus-
For the hundreds of amateur sports and and all food and beverage business. I believe try to Randpark Club as golf director. Sue
recreation clubs in South Africa, many of we have negotiated a deal that is workable Nortje, who was previously at Erinvale
which have only volunteer leaders and oper- and fair. Golf Club, is now the financial manager at
ate without any fixed facilities (clubhouse), For any further information on this tax Steenberg. Ben du Toit is the new pro at
even the registration requirements (still to issue, please contact Beryl Acres, General Mossel Bay Golf Club. Ron van Niekerk
be defined) could be extremely onerous, Manager, CMASA, on (011) 482-7542 or is the new manager at Royal Port Alfred
with particular reference to those situated in gm@clubmanagement.co.za. Golf Club.
Launched in October 2004, this Golf tourism is not shown to be as developments can also “have a significant
Rapid Review was an attempt to establish dramatic as most people claim, although the impact on some of the ecological processes
guidelines and a standard of best practice that report highlights the fact that an event such that sustain the vegetation units, such as fire,
would help to promote sustainable develop- as The Presidents Cup had an economic pollination and migration of animal species”,
ment of golf courses and to ensure that such impact of R285 million on the Garden Route and this is a major concern worldwide.
developments do not harm the Western Cape region, which outstrips massive events such The review has some interesting statis-
floral kingdom with its unique biodiversity as the Argus Cycle Tour and the Comrades tics relating to public utilisation of facilities.
and amazing natural resources, as well as Marathon. Around R275 million is spent on greenfees
understand the effect on local communities. The report refers to a case study for a per annum in the Western Cape, with an addi-
The findings were wider-reaching than proposed golf estate with 600 residential tional R225 million per year being spent on
just the golf and polo industries: the review units with a projected capital investment caddies, food, beverages and other purchases
was found to be relevant to developments of R393 million, with 860 skilled jobs and at the course. It also calculated that around
that included game farms, equestrian and R150 million is spent on membership fees
wine estates as well as larger residential per annum. This totals R650 million calcu-
developments within nature areas.
It calculates that lated as the direct income for the golfing
The standard sustainable development for every R1 million industry per annum in the Western Cape, of
model that is applied claims that an equal which around R250 million goes to salaries.
balance between economic, environmental spent, roughly These figures exclude golf developments
and sociological needs will ensure sustain- and golf days.
able development, but the report highlights 19 jobs will The report outlines how many trips will
the changing view of how this model should be taken by a purchaser from first viewing
work (it should effectively be more “over-
be created. through to negotiating and then signing
lapping”) and also highlights the fact that the documents as well as overseeing
some developers have advertised their devel- 2 175 semi-skilled or unskilled jobs being construction, and estimates that the average
opment before the relevant permissions have created, which it speculates creates a living “total visiting spend” by a stand purchaser
been granted – such advertising is illegal and for 12 000 people who in turn spend their will be almost R50 000 up until the time of
inappropriate. income in the local area, which would completion of the build.
The report speculates that the average “create an income for others to the value of “It has become apparent that the location
golf estate residential unit “will generate R83 million”, with unskilled workers having of some public and private investment is not
R1.6 million in indirect and induced expend- just 10 percent of spending power compared laying the basis for economic, social and
iture during the construction period and to skilled workers. environmental sustainability (and the Rapid
R218 000 indirect and induced expenditure A major area of concern is that the Review and related reports) represent a
per annum during the operational phase”. creation of large-scale job opportunities sincere and considered effort to present a set
It calculates that for every R1 million spent might cause large-scale “migration of job of policies and actions to address the above-
roughly, 19 jobs will be created, although seekers into the area, and once construction mentioned challenges and opportunities, to
it does stress that the majority of these are is completed, this could further exacerbate ultimately achieve a best solution and a most
low-skilled positions. In addition, for every unemployment”. effective way to achieve environmental sus-
R1 spent an additional 80 cents of income Another major concern is the debate about tainability, economic efficiency and social
is generated indirectly, 80 percent of which agricultural land being used and the loss of justice,” says Tasneem Essop.
would impact on the local economy and benefit from that land as well as the impact After all, there are no do-overs when
20 percent on the regional economy. on water resources, in addition to traffic it comes to developing areas of pristine
A major point that the report stresses is and transport requirements by the workers natural beauty.
that resorts are almost exclusively occupied and residents. Local vegetation in certain * The full report can be found on the website
by the upper end of the market, which in areas is “highly to totally irreplaceable of the Western Cape Provincial Government,
essence means that at such estates “public (80-100 percent)” and golf estates can lead www.capegateway.gov.za/eadp (search for
access is generally highly restricted”. to habitat loss for local fauna. Large-scale ‘Rapid Review’).
A common problem today’s green- development. Excessive nitrogen can result • Colour is only a small part of a
keepers face is pressure to produce a in Brown Patch, Gray Leaf Spot, Pythium good surface.
course that looks like Augusta in April. spp, Yellow Tuft and Take All Patch. Too • Too much fertiliser creates thatch and/or
For best results, consider the following much potassium may cause Brown Patch. matted surfaces. It is preferable to have
important points. Equally, poor levels of certain elements ‘lean’ turf than to over-fertilise.
can increase the possibility of infestations. • Ensure that dusting, verti-cutting,
Soil conditions and types Insufficient nitrogen can cause Anthracnose, hollow-tining, etc are done regularly and
Ideally, have your ground analysed by a Dollar Spot, Rusts and Summer Patch, and low thoroughly.
reputable laboratory. Soil plays a major role phosphorus concentrations may encourage • Follow a good programme from a credible
in establishing healthy turf, and is probably Pythium spp. A shortage of potassium could consultant if you require assistance.
the most neglected part of grass mainte- result in the appearance of Dollar Spot, Spring • Focus your attention on root growth, and
nance. Its condition is the most likely cause Dead Spot and Crown and Root Rot. healthy turf will follow.
of turf not reacting to fertilising. The soil’s It is a delicate balancing act to apply • Get a good book on soil fertilising and
chemical composition plays a major role in the amounts required to achieve the use it.
the ability of nutrients to leach into the turf. desired effect, without running the risk of
encouraging invaders.
Relationship between diseases Top Tip
and nutrients
Ta_cc5aaSolution_te Page 1 3/6/06 5:58 PM Nutrients and healthy turf Never fertilise because you want to
Unfortunately, high levels of macro elements Here are a few practical pointers to improve – fertilise because you need to!
can result in favourable conditions for disease your turf quality:
Whether we emerge energised or with your staff, I suggest you get hold of a year will have to be given the necessary
exhausted from the festive season, we now copy of the January 2006 article and make resources and authority to perform, but once
have an opportunity for a fresh start. It is it a priority to install a system based on the this is done it will be up to that individual to
a good time to put into place plans for the principles outlined in that article. take ownership for the project and to deliver
future and make commitments that will January is a good time to make new results. He or she will be the project leader.
hopefully turn into reality. resolutions. You may want to consider get- Positive results will only happen if
In the January 2006 edition of GCM we ting your team together and asking them there is some form of structured support
wrote about performance analysis and gave individually to write down answers to the and follow-up. Diarise to meet as a group
readers an agenda for holding a perform- following three questions: every two months so the project leaders
ance review session. In case you have lost can give feedback to the group. This will be
the article or didn’t get to read it, here is a This agenda leads an opportunity for you as the leader of the
repeat of the agenda: team, as well as the group as a whole, to give
you through a process renewed support for progress made as well
Agenda of reviewing the as help and advice on the way forward.
• What do you see as your Key Result Areas Once projects are successfully completed,
(KRAs)? What would suffer in the club if past so you can plan don’t forget to celebrate. Recognition and
your position did not exist? reward are major components of building
• Relative to your KRAs, what have been and commit to the future commitment.
your main achievements over the past It is worth quoting the results of the
year and what are the reasons for this?
future. If you haven’t Financial Mail’s Best Company to Work For
• Relative to your KRAs, where has your already embarked on survey for 2006.
performance not met expectations and You may find these lists helpful in giving
what have been the reasons? a performance review pointers for your own projects for the year
• Are any changes necessary to your ahead. Good luck for 2007 and may all your
responsibilities? process with your staff, New Year’s resolutions turn into reality.
• What do you see as your main strengths
and limitations? How have these impacted
I suggest you make
on your performance? it a priority. The top five ways to motivate
• Once you agree on your KRAs, what your staff:
objectives or job goals would be appropri- • In what areas of operation do you think we • Development and career
ate to ensure that your performance will can improve the performance of this team opportunities
be different/better this time next year as a for the benefit of members and visitors? • Fair reward and recognition
result of your efforts? • Why do you believe these areas are • Leadership by example and
• What training needs do you have in important? through vision
order to enable you to overcome your • What do think we should have achieved in • Open two-way communication
limitations and to successfully handle the these areas by this time next year? • Treat staff as individuals and with
challenges that lie ahead? What personal Ask each team member to give one of the respect
development programme do you have areas they have written down in answer to
for yourself? question one. There could be duplication The top five ways to make
• How does your team leader need to which could give an indication of priority; if them run:
change his/her management style in order a number of people raise the same point it is • Unfair remuneration and lack of
to maximise the relationship? likely to be important. recognition
• What other issues would you like to Once you have exhausted people’s lists, • Treating staff like robots, not
comment on in relation to your job explore with the group why they think each individuals
and/or career? point is important and what they would like • Unequal treatment
This agenda leads you through a process to achieve by this time next year. • Lousy communication
of reviewing the past so you can plan and The final stage of the meeting will be to • No career or growth
commit to the future. If you haven’t already allocate projects to individuals. Each indi- opportunities
embarked on a performance review process vidual who is allocated a project for the
Any environment that handles Body searches reason for this is that if you find something,
merchandise and cash is vulnerable to theft, The same selection method can be used for and the person is not present at the time of
and golf clubs are no exception. Are you body searches. However, you should have a the search, they will almost certainly claim
therefore entitled to search your employees separate private cubicle or room in which the that the goods in question were planted.
and/or their belongings? search is carried out. The method of body
Employers have the right to take whatever patting should be used and must be carried Searching vehicles and/or
legal steps are required in order to protect out by a person who is properly trained to homes
their assets, and searching is accepted as a search and who is of the same sex as the This deals with searching on your premises,
valid way of doing this. person being searched. but are you allowed to search people’s houses
However, searching employees and/or What should you do if you are almost or cars when they are off the premises?
their belongings without their consent could certain that an employee has stolen some Under these circumstances you would need
be an act of assault or an invasion of their company property and you don’t want to to obtain a court order and the search would
privacy. Therefore, if you carry out a search follow the random route, and they refuse have to be carried out by the police. In order
you need to have the consent of the person to obtain this, you would need firm grounds
you are searching. to convince the authorities that a search was
In addition to having a searching policy appropriate.
in place or your employees’ agreement in In addition to having
their contract to being searched, you have to Points to consider when
make sure that your methods of searching are
a searching policy implementing a searching
legal and fair. Even if you have a searching in place or your policy:
policy in place, an employee can refuse to 1. Consent must be obtained before
be searched. You would then have to con- employees’ agreement searching takes place. This could be as
sider whether the employee is in breach part of the conditions of employment or at
of their employment contract. A refusal in their contract to the time you wish to carry out the search.
to be searched could lead to a disciplinary 2. There should be a valid reason to search.
process and possible dismissal for breach
being searched, Either a general policy to protect company
of contract. you have to make assets or because you have grounds to
If you don’t have a searching policy believe that a staff member is in unlawful
in place you would need to get your sure that your possession of company assets.
employees’ consent, which can be done at 3. The searching policy and process must
the time of the search or before putting in methods of searching apply to all members of management
a searching process. In a retail environment and staff. Management are exposed to
it is considered standard practice to have a
are legal and fair. the opportunities of theft just as much as
searching policy. staff members.
4. The searching method must be fair.
Searching your employees’ to submit to a search? You have to inform Preferably random unless you have grounds
parcels and bags the employee that you have grounds to to believe a member of your staff is in
The searching process has to be fair, so you believe they are in unlawful possession of unlawful possession of company assets.
either have to search everyone leaving the company property, and that unless they 5. The searching method must be legal
premises or search on a random basis. agree to a search you will call in the police. and fair. The searchers must be of the
The fairest and simplest way to do Before taking this step, however, you must same sex as those being searched and
this is to have a bag full of coloured balls; be sure of your facts. must be trained in searching techniques.
if the employee pulls out a green ball
they can proceed without being searched; Searching lockers Andrew Wilson has spent over 30 years in
if they pull out a red ball they must submit Again you need the person’s consent. the human resource field. He started his
to a search. Providing you have the person’s consent it own human resource consultancy business
Don’t allow your security person to decide is wise to ensure that you have a witness in 1997, covering all aspects of human
who they think should be searched as they with you, and that the person concerned is resource management. Contact Andrew on
are likely to be accused of being biased. present when you conduct the search. The anorbury@iafrica.com or 082 575 3861.