In the March issue of BucketOrange Magazine, we chat with Nicola Martin and Chiara Rawlins from McCabe Curwood Lawyers in Sydney to answer some of the internet’s most frequently asked questions for small business owners and employers in the midst of the COVID-19 crisis.

What general obligations do business owners have to staff during the crisis? 

“At all times, employers owe an overarching obligation to ensure, so far as is reasonably practicable, the health and safety of all its workers, including volunteers, and a duty to ensure the health and safety of other persons is not put at risk from work carried out.  This requirement arises from section 19 of the Work Health and Safety Act 2011 (WHS Act), and includes an obligation for employers to identify risks at the workplace, and take whatever reasonably practicable steps to eliminate those risks.  In circumstances where it is not practicable to eliminate a risk, employers must take steps to minimise the risk.

Despite the unprecedented circumstances arising from the current coronavirus pandemic, it is important to remember that an employer continues to owe these general work health and safety obligations to its workers.”

Does an employer have a specific obligation to protect staff from coronavirus?

“As set out above, section 19 of the WHS Act imposes a general obligation upon employers to ensure the health and safety of its workers, so far as reasonably practicable.

To meet these obligations during the coronavirus pandemic, it is necessary for employers to adopt strategies to minimise the risk of employees being infected by coronavirus in the course of their work. 

What control measures are implemented will largely depend upon the specific circumstances of your workplace, and what work is being carried out.  However, it is generally recommended that steps such as the following should be taken across all workplaces:

• Actively monitoring news and government sources for updated recommendations and restrictions
• Ensuring employees are aware of the symptoms of coronavirus, as well as how and when to take leave
• Require employees to practice good hygiene, including frequent hand washing and limiting contact with others
• Updating control measures as and when necessary – the situation globally is moving quickly, and employers need to ensure they remain agile in developing and updating control measures

Employers should also ensure that any decisions made in response to the pandemic are not considered discriminatory for a prohibitive reason, with health and safety laws providing offences for engaging in such conduct.”

What are employer obligations to provide a safe workplace for all staff, particularly those who are immunocompromised? Is there a greater obligation owed to vulnerable members of staff?

“If an employer is aware of a medical condition that may place an employee at greater risk of contracting coronavirus or otherwise at risk of severe complications from coronavirus, such as if the employee is immunocompromised or has a chronic medical condition, the employer will have a general obligation to provide a safe workplace to that staff member. 

Once an employer is on notice of any underlying condition, this underlying condition must be taken into consideration when giving directions or instructions to that particular employee. 

For example, if an employee notifies their employer that they are immunocompromised, it may be best practice to allow them to work from home where possible in order to minimise any risk associated with performing work in the office during the pandemic.

In order to ensure that the employer’s expectations and directions to the employee are appropriate in the circumstances, it would be reasonable for an employer to request an employee to provide medical evidence of any underlying condition or medication that may place the employee in the “at risk group”.

Is an employer liable if an employee contracts coronavirus while at work? 

“If the exposure to COVID-19 occurred in the work environment the work exposure was a significant contributing factor to the COVID-19 diagnosis then an employee may be entitled to workers compensation (which is leave, which is paid under a workers compensation insurance policy). 

Given exposure to coronavirus can occur anywhere, and particularly as Australia sees an increase in the number of cases, it may be difficult to, in fact, establish that the exposure occurred in the work environment and that employment was a significant contributing factor. Note that workers compensation laws vary from State to State and Territory to Territory. An employer could potentially be liable under WHS laws if an employee contracted coronavirus in the work environment because the employer did not take reasonably practicable steps to eliminate or reduce the risks over which the employer had control or influence.”

Can an employer force staff to take leave?

“Generally, an employer cannot force an employee to take leave, however, there are some exceptions. Under the Fair Work Act 2009, an employer can direct an employee to take annual leave if it is reasonable in all the circumstances.

Examples of this are when a workplace is having a shutdown (usually over the festive period but it does not have to be just at this time) or when an employee has ‘excessive leave’. Employees who are covered by Modern Award and Enterprise Agreements may have specific provisions relating to these issues. For example, in some Modern Awards there is the requirement for employers to provide employees with a minimum of 4 weeks of notice for any shutdown.  

For long service leave, the ability of an employer to direct employees to take long service leave depends on the relevant State or Territory long service leave jurisdiction. In NSW an employer can direct an employee to take long service leave once the employee has over 10 years of service on the provision of 1 month’s notice.

An employer may also ask employees to take annual or long service leave in an effort to reduce costs as a measure to avoid job losses. In this type of situation it is up to the employee whether they agree to take the leave or not.”

What leave entitlements are employers obligated to pay staff in these circumstances?

“If an employee has contracted the virus, or is caring for a family member who has contracted the virus, the employee will be able to access their paid personal/carer’s leave. If the employee has exhausted all paid personal/carer’s leave, an employer could agree with the employee that they could utilise any other kind of paid accrued leave.

There remains the question of whether employees would be able to access their personal leave if they have exhausted their accrued annual leave and long service leave and are unable to attend work. Typically employees are not entitled to use personal/carer’s leave if they are not unwell or caring for a family member, however, some employers are allowing employees in this situation to access their personal given the unprecedented circumstances.

As noted above, if an employee is in self-isolation because of a government directive, but is not actually unwell, they would be able to access their annual leave during their period of absence from work.

However, if an employee is directed to stay at home by their employer as a precautionary measure, yet they are ready, willing and able to work, the employee should be paid their ordinary wages for their ordinary hours of work.

That being said, employers should explore whether the employee would be able to work from home in the first instance.”

Can employer prevent staff from travelling?

“Employers should be following Government guidelines when determining whether their staff should be permitted to travel. Most employers should be directing their employees to not undertake business-related travel to mitigate the risk of their employees contracting the coronavirus. 

With respect to preventing staff from taking personal travel, this could be considered a lawful, reasonable direction if the employer has concerns about their WHS obligations. In any case, the employee should be notifying the employer of any travel plans (even domestic ones) before taking any leave. 

We are seeing States closing their borders and international travel extremely restricted. On this basis employers issuing a direction that is in-keeping with the guidelines regarding social distancing and non-essential travel would be acting reasonably.”

Can an employer direct staff to work from home?

“Yes, in the circumstances this would likely be considered a lawful reasonable direction and it may well be unreasonable to require employees to attend a workplace if they could otherwise perform their role effectively from home.

However, employers should note that their WHS obligations still apply even when employees are working remotely. Employers should consider sending out working-from-home guidelines to employees (which, in effect, act as a shortened risk-assessment of the home work environment) so employees are aware of their own responsibilities to set up safe work practices at home.”

Can an employer direct staff to come to work? What if that person is immunocompromised, or lives with someone who is vulnerable?

“Potentially, but there is no one-size fits all answer. It very much depends on the circumstances. The situation is changing daily.

Unless there is a Government direction for us to remain away from work, not travel (unless essential) or to isolate or quarantine, it may be a lawful and reasonable direction to attend work.  

It will depend on a range of factors but the overarching duty for the employer is to take all steps reasonably practicable to eliminate, or if the risk cannot be eliminated, to reduce any risk.

Relevant considerations will be:

• Can the employee work from home?
• Why does the employer require the employee to attend the office?
• Does the employee work in essential services?

If the employee is immunocompromised, or lives with someone who is vulnerable, then an employer will likely need to adjust any general directions made to its workforce for these individuals.

As noted above, if an employer is aware of a medical condition that may place an employee at greater risk of contracting coronavirus or otherwise at risk of severe complications from coronavirus, such as if the employee is immunocompromised or lives with someone who is vulnerable, the employer will have a general obligation to provide a safe workplace to that staff member. 

Once an employer is on notice of any underlying condition, this underlying condition must be taken into consideration when giving directions or instructions to that particular employee.  For example, if an employee notifies their employer that they are immunocompromised, it may be best practice to allow them to work from home where possible in order to minimise any risk associated with performing work in the office during the pandemic.

In order to ensure that the employer’s expectations and directions to the employee are appropriate in the circumstances, it would be reasonable for an employer to request an employee to provide medical evidence of any underlying condition or medication that may place the employee in the “at risk group”.

If a staff member is being tested for coronavirus, should that person stay home until they receive their result, even if they feel otherwise well?

“Yes, an employee who has been tested for COVID-19 must self-isolate until the test results are known. Only if the test is negative will an employee be able to return to work.”

If a staff member tests positive for coronavirus, what are the employer obligations?  

“The employee must self-isolate for 14 days and cannot attend work during that period even if they are only displaying mild or even no symptoms.

An employer continues to owe WHS obligations to the employee and should do what they can to support the employee. The employer should allow the employee (if they are a permanent employee) to access their personal (sick) leave, assuming the employee has accrued paid personal leave and has provided appropriate medical evidence substantiating the absence.

If no paid personal leave is available, the employer should offer the employee the ability to use any annual leave or long service leave available. An employer may even consider offering some other type of paid special or isolation leave although not legally obliged to.”

What is ‘force majeure’ and can how can it affect small businesses?

“The expression “force majeure” refers to an event that was not contemplated by the parties when they entered the contract. A force majeure clause in a contract generally excuses “innocent parties” from performing their contractual obligations because a contractually defined event prohibits or thwarts contractual performance. Force majeure events that are commonly included in contracts include “acts of God” (extreme natural occurrences such as floods, tsunamis and earthquakes), strikes, riots, and acts of war.

Whether COVID-19 constitutes a force majeure event, thus entitling a small business to be excused from performing its obligations under a contract, will depend upon the specific wording of the relevant clause. The small business would also need to establish a causal connection between the emergence of COVID-19 and its ability to perform under the contract.”

Can the government force a business to close? 

“Yes, these powers exist at both a state and national government level.

In New South Wales, the Health Minister has powers under the Public Wellbeing Act 2010 (NSW) to put in place an order that businesses either operate in a restricted manner, or close entirely. At the federal level, similar powers exist under the Biosecurity Act 2015 (Cth), allowing the government to restrict all operation of businesses within a defined area (called ‘human health response zones’).”

Can the government force a business to stay open?

“As a matter of general principle yes, however, the relevant government powers are less specific than for business closures.

Under the Biosecurity Act 2015 (Cth) the Federal Health Minister has an extremely broad power, during a human biosecurity emergency period, to determine any requirement that he or she is satisfied is necessary to prevent or control the emergence, establishment or spread of a human disease in Australian territory. This would include a requirement to keep businesses open or ensuring businesses continue to operate “as normal”.

More specifically, for pharmaceutical or medical products businesses, there are provisions in the Therapeutic Goods Act 1989 (Cth) which operate to ensure stock levels and supply of products related to current health emergencies such as COVID-19. These provisions could be used to force businesses to stay open to guarantee this supply.”

What are the penalties for failing to comply with a government direction under the Biosecurity Act 2015? 

“There are various penalties within the Biosecurity Act 2015 (Cth) which depend on what sort of government direction is violated.

If the direction relates to disclosures or restrictions on entering Australia – the fine is currently $6,300.

If the direction relates to a behaviour or practice – such as mandated decontamination – the fine is currently $25,200.

If the direction established a human health response zone and required a businesses to close – the fine is currently $6,300.”

About the authors

Nicola Martin is a Principal at McCabe Curwood lawyers. She is a highly experienced employment lawyer and is experienced in representing clients in the Fair Work Commission, State Industrial Relations Commission, Federal Circuit Court and Federal Court as well as conducting mediations and conciliations. She has a particular interest in anti-discrimination and harassment issues.

Chiara Rawlins is a Principal in McCabe Curwood’s litigation and dispute resolution group. Her expertise covers commercial and general litigation and dispute resolution across a broad range of industries. Chiara has acted for major manufacturers, property developers, financial institutions, engineering companies and medium to large Australian and international businesses across a variety of practice areas. Chiara prides herself on working with her clients to achieve solutions tailored to their business and commercial needs.

Israeli Prime Minister Netanyahu’s recent visit to Australia prompted Prime Minister Turnbull to reignite discussions around the importance of technology, science and investment. In his address at a luncheon recently held in honour of Netanyahu, Turnbull more specifically reiterated their joint commitment to

deliver the resilience and integrity of all the digital platforms on which our 21st century economies are built.”

The Government is right to focus on fostering an environment for better digital intelligence but the real challenge is paving the way for Australia to become a place where people want to own and retain intellectual property, not take it overseas.

Whilst Australia has a mature and desirable market, we still have a way to go in creating a digital intelligence environment conducive to strong capital growth.

Other countries cannot be criticised for having better ways of preserving capital. Experts and digital labor will continue to follow this capital abroad unless significant changes are made here in Australia.

Any government-backed programme to retain smart businesses in Australia, needs to be coupled with a new wave of tax reforms that encourage the creation and retention of intellectual property.

Governments around the world are trying to navigate taxing intellectual property in a borderless environment and there is tough competition between countries.

Home grown intellectual property should be encouraged to remain in Australia. Tax reform is a necessary tool when other countries are desperately trying to attract great ideas using concessional taxation of intellectual property. The people that have conceived those ideas will surely follow.

The Australian government’s $11.2 million initiative to establish “Landing Pads” in Berlin, San Francisco, Shanghai, Singapore and Tel Aviv, was designed to provide market-ready startups with a 90 day operational base located in one of the five global innovation hotspots.

While such an initiative could equip start-ups with the necessary tools to get their foot in the door, it also raises issues of integrity and security of that Intellectual property and whether sufficient protocols and measures are in place to ensure that it can be both commercialised and safeguarded abroad.

The state and federal governments should place greater importance on implementing long-term initiatives that dovetail with models of proven initiatives at a local level.

For example, Brisbane is leading the way in terms of creating a prosperous local environment for digital businesses to form.

Brisbane was only the second city in the world to appoint a Chief Digital Officer who worked with the business community to form a digital first strategy which aims to drive digital uptake and use in Brisbane.

Critical ingredients to the success of these up and coming business hubs are international transport links, high quality internet services and simple and easy work environments.

Start-ups would also benefit from having access to the distribution platforms of established players. If the federal government were to support larger digital businesses with distribution by encouraging them to keep their IP here, these larger businesses would be better placed to support the startup economy.

It’s time that the industry has a shake up and Australia should be looking at ways to keep the digital sphere close to home.

An IP style hub located in regional Western Australia, for example, could provide a gateway to strengthening Australian-Asian ties while also compensating for our deteriorating mining industry.

Business development, skills and information sharing are all key drivers in industry growth and it’s time that we focus on supporting and driving these elements within our own country to bolster businesses, big and small. More importantly, it’s imperative that local, state and federal initiatives are coordinated to ensure Australia’s best and brightest ideas are not lured away from our digital sphere when they are on the brink of commercialisation.

Whether you are developing the next Facebook, creating a small family business, or setting up a small to medium business, choosing the right legal structure for your business is integral to your success. There are a number of structures you can choose from when starting (or expanding) your business.

Remember, you can change your structure as your business develops but take care when you decide on a particular structure because there are costs and obligations that might affect the choice you make.

Getting your startup’s legal structure right from the beginning is critical as it can impact your expenses, tax consequences, extent of ownership and your overall legal liability. Confused? Let’s go back to basics. In Australia, there are four common legal structures to consider: sole trader, partnership, company and a trust. Each structure has its pros and cons, so let’s go through each one to help you decide which option may be best for you.

Going Solo – Sole Trader Structure

A sole trader is the most common and the simplest legal structure. If you are setting up a low cost small business with limited expected growth, then this may be the structure for you.

Although a sole trader may employ staff, you trade on your own and the business is owned and operated exclusively by you. This means you can make your own decisions, you have no one to answer to and, most importantly, everything belongs to you.

Setting yourself up as a sole trader involves minimal cost, few tax formalities and any assets and profits of the business are included in your personal tax return.

Sole traders are not a separate legal entity so while you reap all profits and benefits, you also personally take on all liabilities and business risks. This means that you personally owe any outstanding amounts to employees, contractors or suppliers. It also means that if someone decides to sue you, legal action is initiated against you personally.

Most importantly, if the business fails it falls solely on you.

Partners In Crime – Partnership Structure

A partnership can be formed when two or more people decide to run a business together with a view to making a profit. It involves an agreement between two or more people to enter a legally binding relationship.

To avoid disputes, a formal partnership agreement should be made setting out, for example, each partner’s responsibilities and share in the profits as well as what is to happen if the partnership is dissolved.

There are different requirements for various types of partnership, depending on which Australian jurisdiction you are setting up your business. In NSW, there are three types of partnership: a normal partnership, a limited partnership and an incorporated limited partnership.

1. A normal partnership is one where all partners are equally responsible and involved in the day-to-day management of the business, and each partner has unlimited liability for both the profits and losses. This type of partnership does not need to be registered under the Partnership Act, but the two other types of partnership must be registered.

2. A limited partnership must be registered through the Australian Business Licence and Information Service (ABLIS),but this type of partnership is more flexible than a normal partnership.

It must consist of at least one general partner, whose liability is unlimited, and at least one limited partner, whose liability is limited to the extent they have invested in the business. A limited partner is more like a passive partner who usually does not contribute to the management of the business. Raising funds in a limited partnership is less complicated. This type of partnership is ideal for a prospective partner who simply wants to invest in the business without being involved in the day to day management and and without accepting liability for the risks associated with general partners.

This type of structure may be suitable for a small to medium business seeking to raise funds in an uncomplicated way without the formalities and requirements of a registered company.

3. An incorporated limited partnership may be the right fit for you if you intend to be engaged in a partnership for venture capital investment purposes. You will need to register as an incorporated limited partnership (ILP).

Partnerships share many of the same advantages as sole traders in their simplicity and inexpensive nature. However, the downside is that a partnership is not a separate legal entity and, consequently, normal partners are jointly responsible for debts and liabilities owed by the business, regardless of who actually incurred the loss.

In Good Company – Company Structure

This structure is better suited to medium to large business enterprises. Unlike a sole trader or partnership structure, a company is a separate legal entity.

A company has the same rights as a person, meaning that it can incur debt, sue and be sued. A company’s owners (shareholders) can limit their personal liability and are generally not liable for company debts.

A company structure is a more expensive and complex legal structure to set up and has higher administrative costs. It must be registered with the Australian Securities and Investments Commission (ASIC) and comply with reporting requirements, including initial establishment, regulatory and compliance costs. Company officers and directors must comply with legal obligations under the Corporations Act 2001.

Tax requirements for a company are very different to sole trader and partnership structures. A company pays income tax on its profits at the company tax rate and there is no tax-free threshold.

It may sound like a lot of work but if you need a flexible legal structure which allows you to grow, attract investors, and limit personal liability for company debts, a company can be the most attractive option.

Ready To Commit – Trust

A trust is an entity that holds property or income for the benefit of others. A trustee can be an individual or a company who is obliged to hold and deal with property and assets (business assets) for the benefit of beneficiaries. These can be business partners or family members, for example.

A trust can be expensive to establish and maintain. You will need to create a formal trust deed that sets out the terms of the trust and how the trust is to operate.  There are annual administrative tasks that must be undertaken and, if you operate your business as a trust, the trustee is responsible for its operations. A trust does not need to be registered with ASIC.

Some asset protection is available to the trust if the trustee is a company.

Final Remarks:

• Know your business – Consider how much control you want to have, the future growth of your business, the possibility of needing investors and employees, the amount of risk involved and any assets you may want to protect.
• Uncertain about the future? – Don’t fret. You can change your legal structure throughout the life of your business. As your business grows or changes, you can change its structure.
• Don’t be afraid to ask for help – Setting up a business can be a very complex and confusing process, especially if you decide to set up a company or a trust. Consulting with a professional lawyer or accountant gives you peace of mind knowing that your new venture has been set up correctly from the outset.

Further Information

For more information on starting your own business and choosing the right legal structure for your startup visit:

• Business.gov.au
• Australian Securities and Investments Commission (ASIC)
• Fair Trading (NSW)
• Australian Tax Office

To get in touch with a legal professional specialising in startup law, contact:

• General Standards

The core principles of most mutually enjoyable human interactions are pretty simple:

1. Be nice
2. Practise respect
3. Be genuinely interested in the other person
4. Show gratitude

Generally, extending basic courtesies to others will result in those same decencies being mirrored back two fold. In other words, the type of energy you project in your interactions (positive or negative) tends to attract like energy to you.

Engaging in unethical business practices, being unkind to your competitors, disrespecting business partners, stakeholders, colleagues and staff or even failing to be considerate of the needs and interests of others is the fastest way to permanently damage your business relationships and compromise the success of your organisation.

Have you recently launched your startup, and find that you are scratching your head daily about why you cannot seem to make any headway with certain stakeholders? Maybe you are finding it difficult to form strong and lasting relationships with partners, colleagues or staff.

The answer could lie in taking a good hard look in the mirror and reflecting on your interpersonal skills.

Don’t Be That Guy  

What many business owners do not place enough emphasis on is the principle in life that kindness often gets you further than force.

Many CEOs, managing directors, founders, startup owners and leaders of industry spend years labouring under the misapprehension that their degree of brusqueness is directly correlated with their level of success. They are quick to temper, pace around the office frenetically, type franticly, voice views loudly and aggressively, express themselves at meetings with impatience and frustration, fail to respond to emails and do not set aside time to listen to colleagues or employee concerns.

The idea is that by cultivating a discourteous business culture, others will assume these leaders are wildly successful and avoid disturbing their workflow unless absolutely necessary. But this strategy exposes more about the personalities of individuals than anyone would like to think, as the root cause of bad behaviour always reveals its true nature:

Behavioural inflation in the form of rude or aggressive mannerisms, putting others down, having unrealistic expectations of business partners, staff or colleagues and being ‘too busy to be polite’ are all symptoms of poorly-developed interpersonal skills, low emotional intelligence and deep-seated insecurities. These traits are often the hallmarks of people who are not coping in their business or personal life. 

Unfortunately, many new entrepreneurs and startup owners believe that imitating the bad habits of successful leaders, through hostile behaviour, manipulation and tough business negotiation, will garner automatic respect among their peers and professional networks. In reality, this is an instant formula for failure.

Given their vastly different leadership and interpersonal styles, for example, would you rather collaborate with Richard Branson or Donald Trump?

Rather than solidifying your status as a negotiation ninja, your reputation for being abrasive and disingenuous will solidify the resolve of key stakeholders never to deal with you. Being quietly convincing,  genuinely respectful, polite and adding real value, on the other hand, wins lasting and mutually beneficial business relationships.

Some Hard & Fast Rules For Keeping Your Business Bridges Un-Burned 

Successful startups are built on the back of strong networks.

When it comes to establishing good business practice and genuine business relationships – it’s all in the detail. If you recognise any of the above leadership qualities in your current business interactions, the good news is that it is possible to instantly improve the way others respond to you, and your business, with some small behavioural tweaks.

1. Never inconvenience others by imposing a short deadline

Wherever possible, try not to impose tight deadlines.

Instead ask that the action to be completed “at a time that is convenient to” the person you are making the request of. It shows you respect their ability to prioritise your request, your awareness of their existing workload as well as your appreciation of their limited time and resources.

While this approach typically requires less from others, it demands more from you. The onus is on you to exercise leadership by closely managing business timeframes so that more buffer time is factored into project deadlines.

When a looming deadline is genuinely critical, and may require turnaround within the hour or COB, that person will be happy to help you by prioritising your task over their BAU work.

2. Never impose false deadlines

A false deadline occurs when you tell someone that a particular item is extremely urgent, and requires their immediate attention, but in reality that urgency does not exist.

Putting people under pressure to perform, particularly in instances where no real urgency exists, is a surefire way to build resentment and destroy productive working relationships. This is compounded in situations where you may have imposed the tight timeframe deliberately to allow yourself more time to look over the finished product before sending it off.

Always give someone (whether they are a business partner, peer or staff member) as much time as possible to complete a task. If you must impose a deadline, make sure it is a real one.

If priorities change during the day, you should let that person know that the urgency has dropped away from their task. This allows them to take a breath, ease their foot off the accelerator, and do a more thorough job.

3. Look with your eyes and not your mouth

When arranging a meeting, avoid wasting the time of invitees.

Everyone hates being required to exchange dozens of emails to set up a convenient time and date, especially if the date must be re-negotiated several times before being set. This approach is unnecessarily disorganised and frustrating for everyone involved. Importantly, it leaves people external to your organisation with the distinct impression that meeting you is more trouble than it is worth.

A better approach is to look at your calendar and determine when you are, and when you are not, available before sending out the invite. Let the other participant know your availability either via calendar invite, email or over the phone.

If they have all relevant information they are in a better position to fit in with you and, in one or two exchanges, the time and date can be locked in.

4. Never ask someone to repeat themselves

Never ask for information to be repeated, or an email to be re-sent, if you already have that information somewhere where you can readily access it. For example, requesting contact details or a phone number, if that person has already sent it to you in a prior exchange.

Everyone hates repeating themselves. It is an unequivocal waste of time, especially at high-levels. It sends a strong message that you are unreliable, disorganised and do not pay attention to detail – qualities that smart people in business shy away from.

Accept that your time is no more precious than anyone else’s.

If you need to spend 5-10 minutes looking through your emails, or sorting papers on your desk, rather than eating into someone else’s day by requesting that the information be re-sent, then do it! 

5. Hold up your end of the deal!

If you commit to something in a business transaction, stick to your side of the bargain.

Do not assume that the other person will forget what you have agreed. If they have fulfilled their obligations, fulfil yours without an attempt to underhandedly change the goal posts.

Doing anything less than what was agreed leaves a bad taste in everyone’s mouth and people will be reluctant to do business with you in the future.

6. Drop the attitude of expectation and be humble

If someone does you a favour, let them know you appreciate it.

For example, if they have introduced you to an important business contact, agreed to partner with your business, or even agreed to write a guest post for your business blog. Always ensure you recognise the time, effort and value that person has added to your business by showing your appreciation.

If someone’s actions have produced a particularly positive outcome for you, make sure you let them know! This generates feelings of goodwill and mutual support and they will be more likely to collaborate with you again. Failing to do so breeds bitterness and mistrust – they will wonder why you kept them in the dark by not passing on the good news they played an important role in achieving.

One of the quickest and easiest ways to make yourself a likeable person in business is to go above and beyond what people expect of you. It can be as simple as a short but meaningful email saying thank you and mentioning how much you value their input, time and support.

Positive emotions form strong foundations for lasting working relationships.

At The End Of The Day

There is no excuse for being discourteous to others.

A fledgling startup cannot afford to alienate potential business partners with a leader who does not value good business practices and basic professional etiquette. Experienced business owners and entrepreneurs associate these habits with unexperienced leaders who are masking inner vulnerabilities, a lack of subject-matter knowledge and an inability to cope in complex business or social situations.

Rather than moving you forward in your startup journey, poor professional behaviour always has a way of holding you, and your business, back.

So who do you want to be in business? A dealmaker of a dealbreaker?

What personal or professional qualities have you come across in your startup journey that you admire? Which ones do you dislike? Let us know in the comments section below!