Top 5 Legal Must-Do's for your Business

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1. HAVE A CLEAR VISION FOR YOUR BUSINESS!

No matter the size of your empire, everything rises and falls with Leadership, and one thing that leaders do, is PLAN. You've heard it before: Fail to plan, Plan to fail. It is your choice. To move to the next level, you have got to have clear, actionable, measurable and specific goals that guide your every effort. Without these, you are simply a rudderless ship on life's rolling sea, being driven to and fro and tossed with every gust of wind and swelling tide. This is not a good situation to be in. Engage a professional that can help establish goals that work for you and your employees.

2. INCORPORATE YOUR COMPANY

You have had your business going for years now! Do the right thing - Treat it like a real business and get it incorporated. In the event of any legal action, the action will be taken against your company, and not you directly. This is the best way to protect your interest, as the incorporation of a company assists in limiting the extent of your liability. Any action, as it were, will be waged against the company and its assets, as opposed to you and your personal assets. A word to the wise is sufficient.

3. REVIEW ALL OF YOUR CONTRACTS & COMPANY DOCUMENTS

Think about it! How old are your 'current' documents? When last did you revise them to fit today's working environment? Are you keeping pace with changing laws and regulations? Do ALL of your employees have a Contract of Employment, complete with job description, Employee Handbook, Compliance statement, etc..? If not, why not? This is a definite MUST to clearly establish mutual expectations and responsibilities shared between the employer and employee. The sooner you do this, the better.

4. CONSIDER ARBITRATION/MEDIATION FOR DISPUTES

For many, the notion of private and binding arbitration provides a genuine alternative to litigation! Everybody wins in this equation. Most Industrial Agreements have this clause as relates to work place disputes and more recently; the Arbitration Act actually makes it easier for businesses to have their matters heard without the need for costly litigation from a breach of contract standpoint. Mediation opportunities may even exist 'in-house'. A number of companies host internal grievance review processes whereby employees may have their matter heard before an independent impartial panel, which has the power to either uphold, overturn or modify a decision made. To save your litigation dollars related to employee disputes, this truly is a viable option.

5. REVIEW THE HEALTH AND SAFETY IN THE WORKPLACE ACT

It is absolutely amazing the number of employers who do not even know about the existence of this Act, yet, a careful review and application of the same can save you hundreds of thousands of dollars of liability. Think about it this way, creating a safer work place for your employees saves $$$$ in paying for non-productive time. Check your floor surfaces. Watch out for those leaks and oil residues. Properly identify hazardous or potentially hazardous areas, chemicals and materials and TRAIN your staff in proper usage and/or association with the same. Provide and enforce the use of protective safeguards and clothing for all associated with these areas. Also train on proper use of special equipment and ensure that employees understand the risks associated with improper usage. Make sure that your employees sign a statement acknowledging the fact of their training and their intent to be governed thereby.

Your business is only as good as the advice you receive in operating it!

Written by Rionda Y. Godet LLB, LLM

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