Saturday, October 17, 2009

Providing Duty of Care to your Customers.

Pursuant to this, I have since returned to the salon for about three body treatments now. With a remaining of six body treatments from my package to go.

My body treatments average on RM150+ per treatment day that I go in. With that in mind, I do not take my body treatments lightly... it is A LOT of money.

HOW HAS THE POST-ENTRY CUSTOMER SERVICE BEEN SINCE?  

The consultant that I had mentioned in the previous entry, has since buckled much in providing customer service care. But as they say, leopards do not change their spots overnight . . .

How about the Outlet Manager? I will reserve my comments till I have completed all my treatments.

Hence, I will reserve ALL further comments till all my treatments have been completed.

I also noticed a new pile of Customer Service feedback forms sitting quietly on the front desk. Briefly reading through it, among the questions in the feedback forms, with multiple-choice answers were:
  • How would you rate the effectiveness of the treatments?
  • Would you recommend the treatments/service to others?
  • Are the treatments/package affordable?
  • How did you find out about the company?
Perhaps the answers will change how the company markets its promotions in future. That is, IF the feedback forms have actually been distributed . . .

*DUTY OF CARE*

Now we come to the crux of this entry. What does providing Duty of Care to your customers mean?


EXPLAINING DUTY OF CARE

Loosely translated, it is a legal term that means "taking a course of action by an individual, entity, or representative of a service provider towards the other party in their care to prevent substantial damage, loss, or injury". 

It has been practiced since 1932 in the United Kingdom, and applicable in countries where the common law of tort is in use. 
 


 DUTY OF CARE THROUGH AFFIRMATIVE ACTION

A way to illustrate the understanding of Duty Of Care is this case where this major skincare retailer should have provided duty of care towards the disgruntled customer.

Providing samples to protect the company in a legal case?

Perhaps many Sales Assistants have the idea that giving samples is a waste of the company's marketing strategy, and all the customers there are poor & greedy. Yet they forget that they are representing the company when they work FOR the company.

Aside from promoting the products to create awareness, samples actually serves to protect the company in the interest of the law.

Providing samples and having a time-frame set for the customer to test out samples serves to weed out customers that may develop allergies towards the ingredients or substances used in the product.

Or if the company is unable to provide samples, and the customer has developed allergies to the entire set of skincare products they bought, the company should not make it difficult for customers to return the product.
The person in this situation should have pursued the case with the company, instead of just leaving it as it was...

WHY IS THIS CONCEPT IMPORTANT?


Duty-of-care is where one party neglects, or does not protect the interest of another, and as a result, the other party suffers.

When that happens, especially in the case of the retailer in the case above, the injured party has the right to bring the party that caused the injury to court, and this element can be used in a court case, as I shall illustrate in the case below.

In legal terms, it is defined as "the common law concept of Duty of Care provides the basis for claims based on Negligence".

DUTY OF CARE IN MALAYSIA?

If you think that duty-of-care does not exist in Malaysia, think again.

Jeff Ooi begs to differ, and so does the law as the local media states this recent case  in GeorgeTown, Penang

A man sued a carpark operator for negligence in duty-of care, and he won the case.

So, Service Providers, you should watch your backs. There will come a time when the general public is not that forgiving.


 
WHAT DUTY-OF-CARE DO YOU AS A SERVICE PROVIDER OWE TO INDIVIDUALS IN YOUR CARE?



Entry dated: 17th October 09.

2 comments:

Rachel said...

Couldn agree more =)

CheaKyGal said...

The govt should educate the people about their rights..

I had to learn this in Australia. Most customers know their rights.

I learnt it the Hard Way.

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