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Inside Internal Controls

News and discussion on implementing risk management

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How to protect trade secrets following the departure of a key employee

Employers must keep in mind the fact that there is a thin line between, on the one hand, confidential information belonging to a company that remains protected by virtue of the duty of loyalty and, on the other hand, the personal knowledge and skills that an employee has acquired throughout the years and is entitled to bring to a competitor.

 

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ONCA affirms an offer of employment by the purchaser of business assets to an employee of the seller is valid consideration for a new employment contract

Where the purchaser of all or part of the assets of a business offers employment to a seller’s employee, and the employee accepts, the following common law rule applies: the employee’s employment with the seller is constructively terminated, and a new contract of employment is entered into with the purchaser.

 

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Evolving employment contract law, political activities and charities

Learn why you need to review your contracts and advocacy practices with Not-for-Profit PolicyPro

As an Executive Director, there are many different areas that need your attention on a daily basis: strategic direction, fundraising, stakeholder engagement, employee and volunteer management, media relations and grant applications, just to name a few.

With all of these factors to manage, keeping up with changes in legal compliance and CRA requirements may not be perceived as a top priority. However, failing to pay attention to compliance can leave your organization vulnerable to the risk of financial penalties and have a negative impact on your reputation.

I want to highlight a couple of recent issues you may want to consider.

 

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Intellectual property belongs to employer despite contract dispute

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When an employment relationship involves intellectual property created by an employee, the employer must take special care in the employment contract to consider who owns the IP.

 

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Some legal pitfalls of security breaches to your company’s electronic data

The recent loss of a Canadian government hard drive containing personal information of receivers of student loans and the ensuing class action lawsuit are a stark reminder of how easy it is to be exposed to the pitfalls of data security breaches.

 

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Contract administration – beyond the handshake agreement

Unfortunately, it is not unusual for not-for-profit organizations to find they have entered into a contractual relationship that did not receive the required level of oversight, discussion and approval. Such contracts dramatically increase the risk of harm to your organization.

 

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Yahoo finds out the hard way that risk management measures take time now, save time and money later

Hiring even the lowest-level employee can be tricky, and hiring the wrong person is bound to cause trouble. So imagine the potential problems that a board of directors must avoid when hiring a new chief executive officer. What does the company want from a CEO? Does the candidate have the right skills, connections and personality to fit the job and the company? Does the applicant’s education meet the needs of the company?

 

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