Aussie Rules

How often do we curse others for moving the goalposts? Back in my design consultancy days I was sure some clients didn’t even notice the existence of goalposts until the artwork was on its way to the printer. But hey, that’s another story.

In our own businesses it can be very beneficial to move the goalposts. Let me explain.

A fellow coach gave me some sound advice recently on this topic. I was lamenting the fact that I hadn’t solved a particular issue within the timeframe I’d set. Prior to a short holiday I’d selected a date and time to finalise my thinking on something. Yet here I was, days after the deadline, with my thoughts jumbled up like a basket of laundry.

My mate reminded that just because I’d decided to crack everything by last Wednesday didn’t guarantee it was going to happen that way. Sure, I was mobilised to think and act, but it was unrealistic to set a cutoff time. I simply needed to move the goalposts. Gee, I felt better.

Of course if we repeatedly fail to accomplish things within the parameters we’ve set, it’s not long before we give up the notion altogether and divert to distraction.

While there can be many reasons for our failure to accomplish things, I find it’s more common to ask ourselves big intimidating questions than to consider smaller, less destructive explanations.

The reason I didn’t accomplish what I’d set out to do was not to do with my commitment, any failing in values alignment, or due to any cognitive meltdown … it was simply that my timing was unrealistic. D’oh!

So next time you start to berate yourself (or others) for failing to score the goal, take a step back and look at whether it’s simply that the goalposts need moving along a bit.

When employees leave your business, there is a potential risk that they may take your key clients, confidential information and intellectual property with them. To prevent this occurring, restraints are used to prohibit or discourage employees from removing, copying, using or disclosing confidential information and from soliciting customers, suppliers and other employees. However, in order to be effective the restraint must be reasonable. When and under what circumstances will a restraint be found to be unreasonable? The following case provides guidance on this issue.

AMP Services Ltd (”AMP”) operated a financial planning business as a subsidiary known as AWM. The defendant, a senior adviser, was one of several employees who left AWM to work for a competitor. AWM sought to recover a substantial amount of alleged lost revenue from the former employee, claiming that she had breached the post-employment restraint in her employment contract. The contract restricted the employee for a period of 12 months following termination or resignation, from approaching, enticing away or soliciting any of AMP’s clients or employees. AWM claimed the former employee improperly encouraged a group of employees to leave the company by putting them in contact with people at the competitor company.

The Federal Court found that although the former employee did not induce other employees to move companies, she did facilitate the move to some degree. Prior to leaving, the employee contacted most of her clients informing them of her departure, and most of those clients followed her to the competitor company. AWM alleged that by engaging in this conduct, she acted in breach of the restraint. The Court however, found the restraint to be unreasonable and void due to the fact that it was wider than necessary, covering all AMP clients, many of whom did not have any connection with the employee. AWM could not rely on the restraint in the employee’s employment contract because she had gone to work for a competitor of AWM and the restraint only referred to competitors of AMP.

This case highlights the importance of drafting accurate restraint clauses, by ensuring they reflect the relevant company the employee works for and the particular clients they are in contact with in order to guarantee these restraints will be enforceable and provide sufficient protection.

AMP Services Ltd v Manning [2006] FCA 256 (March 24, 2006)

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Clutter can be, and often is, made up of seemingly small items, yet collectively those items destroy our focus and reduce our energy.

Key offenders can often be linked to incomplete projects (like tax returns!) or unfinished business (closure on a business or personal relationship, perhaps).

Similarly, clutter can come from the gnawing frustration caused by a build-up of unattended emails, paperwork that remains unfiled, bills unpaid … the list goes on.

One thing is for sure — unless we attend to the main offender(s) we’re never going to move forwards with the kind of gusto, focus, and drive that we’d like.

I’d like to suggest a little trick that I was reminded of recently — a trick that is as effective as it is simple. Here’s how it works:

First, get really clear on what key element of clutter needs attention.

Second, get a friend or colleague to tie a small brightly coloured strip of ribbon around your wrist — tight enough to not come off without scissors; loose enough to maintain blood flow!

Third, make a commitment to that friend or colleague to not remove the ribbon until you have completed (and removed) the offending clutter.

Try it. It really works.

Where focus starts freeing up time normally spent doing other things, software knowledge brings you massive productivity gains. It’s like magically pulling hours out of a hat.

For example, take the time to get to know your MS Office software, no matter how busy you are. You’ll learn functions that allow you to eliminate many repetitive tasks — many people literally spend days splitting names apart manually in Excel spreadsheets, when there’s a function that does it instantly.

First Focus. Make sure that you are doing the right activities for each of the roles you have in life. List and rate them all on how profitable or pleasurable they are for you. Find a way to eliminate the time wasters.

Then automate. Put your computer and software to work for you. If you do any work from home — get wireless and a laptop. You won’t have to be chained to the computer with your back to the family. You can sit on the sofa at night with them (and still get work done).

A recent case serves as a warning to all employees to be aware of “zero tolerance” policies that apply at their place of work and ensure their conduct does not contravene those policies. In May 2007, Woolworths dismissed one of its store managers for drinking two beers during his lunch break. The store manager, who had over 20 years of service with Woolworths was dismissed because the consumption of alcohol during working hours (including meal breaks) was strictly prohibited and was expressed in several company policies as well as the manager’s employment contract. Woolworths’ decision to terminate the employee’s employment was upheld by the Australian Industrial Relations Commission (AIRC) in October 2007 and the application was dismissed. Woolworths’ decision to terminate was further upheld by a full bench of the AIRC on appeal in February 2008.

Does the punishment of dismissal really fit the “crime” in this instance? If you are generally an exemplary employee, in a position of seniority and have been in a position for several years, should one slight break of the rules cost you your job? In this case, the AIRC upheld the dismissal and found that it was not harsh, unjust or unreasonable because the manager had breached an express term and condition of his employment contract. This strict approach suggests that a wilful disregard of zero tolerance policies will not be viewed lightly by the courts. This decision further highlights the fact that employers are entitled to take appropriate disciplinary action when their employees are found to have breached express terms and conditions of employment.

Selak v Woolworths Limited [2008] AIRCFB 81 (8 February, 2008)

If you’re forever hearing great things said about your work, yet not seeing these translate into sales and revenue, it could just be because you’ve fallen into the innovator trap.

This is where we can end up if we confuse educating with marketing and I see it happening all the time.

Going out and telling the world about something completely new and revolutionary certainly stands a good chance of generating interest, but not necessarily any sales — not yet anyway, and maybe not for you.

Sure, innovation can work as a marketing tool, but generally only with an audience who already knows and trusts you — ever wondered why those really amazing devices for chopping onions and dicing carrots only get sold on market stalls or on cable TV at four in the morning? They’re simply not of interest to mainstream marketing.

I’m not suggesting that we only market in the mainstream, but we need to be aware of what works and what doesn’t and if necessary make some changes.

Often the changes involve little more than a slight dilution of our proposition — evolution can sell easier than revolution, at the outset.

Once effective marketing gives us a foot in the door and a level of engagement, we can guide our prospects and customers toward a brave new world.

“If you want a good story, call Bob and Beth of Travelworld in Brisbane,” they all said. I was telephoning a variety of cruise line sales managers to learn more about the cruise end of the travel industry for a presentation. Wanting to add a good story to my keynote, my closing question was “Do you know anyone with a good marketing story to tell?”

So I called Bob.

“Debbie, we established our travel agency 15 years ago. Our location had no foot traffic, so we knew a customer database would be very important for us. We’ve been meticulous in our data collection,” Bob told me.

“When our cruise wholesaler gave us two days’ private notice before the public launch about a new one-off cruise around Australia they had put together, we knew we had to move immediately.” So they:

1. Selected everyone from their database that had been on a three- to four-week cruise or on that specific ship.
2. Emailed them suggesting they act urgently. After all, they had an entire cruise ship from which to pick a berth.
3. Added a special offer: half-price travel insurance.

The result? In two days, 60 passages sold. That was over one million dollars in revenue from that email.

“Bob,” I asked. “Could any other agency have done this?”

“My guess, less than a handful in the whole country,” was his reply.

I know what you’re thinking. “Nice story, Debbie. But what’s this got to do with me?”

Business is difficult today and good staff is hard to come by — whatever business you’re in, it’s important to have a good customer and prospect database. Ask yourself these questions:

• How detailed is your company customer database?
• How accurately can your company target (relevance to them — not you)?
• How fast can your company move when customer service or sales opportunities arise?
• How often does your company use your database to add value to service and bring in $$$?