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Investigator plus lawyer = privilege?

There may be times when it makes sense to try and establish a solicitor-client relationship with an external investigator, and these tips will help you do this effectively. However, in other cases where this is not what you require, recognize that the process your investigator follows may be open to scrutiny.

 

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Is a subcontractor a successor or related employer for labour relations purposes?

In a recent decision, Molson Coors Canada, the Ontario Labour Relations Board (the “Board”) held that the subcontracting relationship between Molson Coors Canada (“MCC”) and Sherway Warehousing Inc. (“Sherway”) did not amount to a sale of business nor were MCC and Sherway related employers under the Labour Relations Act (“LRA”).

 

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Proposed Manitoba accessible employment standards

The Accessibility Advisory Council’s (AAC) is inviting interested stakeholders to provide their views to its initial proposal for accessible employment standards. Therefore, employment is the second of five accessibility standards being developed under the Accessibility for Manitobans Act (AMA).

 

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Non-profit’s funding challenges lead to constructive dismissal

The Ontario Labour Relations Board (ORB) recently held that a non-profit’s non—payment of wages and funding challenges amounted to constructive dismissal of one of its employees. (See Aundrea Di Giuseppe v Hospice Richmond Hill, 2015 CanLII 56255 (ON LRB)). Background The employee was the Executive Director at Hospice Richmond Hill (the “Employer”) for over 8 […]

 

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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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Canadian immigration update – Electronic travel authorization required as of March 15, 2016

As explained in our earlier article, starting on March 15, 2016, visa-exempt foreign nationals travelling to Canada by air will require an Electronic Travel Authorization (eTA). Air carriers will be checking travellers and passengers who do not have an eTA or do not qualify for an exemption will not be permitted to board the aircraft. Government has now released further details about the eTA system as outlined below.

 

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Director’s liability for corporate negligence

Plaintiffs often cast the net broadly to capture every party with assets or insurance capable of satisfying a potential judgment. Directors are often named as defendants in claims related to the negligence of the companies they oversee.

 

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Why do charities need creditor proofing? This is why.

In the aftermath of the abuse scandals at Catholic schools and churches the charity world learned much about how creditors could seize control of a charity’s assets. As a result many organizations began studying methods to protect charitable assets in case of an unsuccessfully defended lawsuit against them. Lawyers though know that the lessons of the past have not sunk in at many charities and now there is a very public example that comes from the failure to learn from history.

 

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Evolving employment contract law, political activities and charities

Non-profit organizations may not consider it priority number one, but reviewing your legal compliance will protect your organization’s finances, your reputation, your directors and donors—even your organization—from shifting legal sands.

 

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IT-guy writes script to delete records…and wipes phone despite director’s pleas to “stop!”

Employers have been cautioned to be wary of insiders with the potential to cause the organization great harm. For instance, employers are often advised that if they are terminating IT personnel they should do so with pay in lieu of notice, instead of working notice. A recent hearing in Manitoba illustrates the insider risks associated with IT roles.

 

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Worldwide code of conduct reasonable exercise of management rights

Many multinational corporations have issued company-wide codes of conduct setting out baseline rules that apply to all of their global operations. A recent Ontario arbitration decision provides a good precedent for employers who may be concerned about balancing corporate governance interests against the rights of unionized employees when instituting universal codes of conduct.

 

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Is it really possible to control employees’ use of company computers?

Policies can help you manage employees’ and others’ use of company IT resources, and dramatically reduce the potential risk to you and your assets.

 

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Volunteering for a charity is rewarding – But brings its own hazards

Volunteering for a charity can be a rewarding way to help out in the community but it can bring with it a number of legal responsibilities. Legal responsibility is often assigned on the basis of the role an individual serves within an organization. Volunteering, though, can muddy the waters about the position of the individual within an organization. This is particularly true in circumstances where the charity does not keep corporate records of its directors.

 

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Top 10 most read Inside Internal Controls posts published in 2014 and Season’s Greetings

The holidays are upon us and it is time to take a well deserved break. We are signing off for 2014 with a list of the top 10 most read posts published in 2014. Although Canada’s anti-spam legislation dominated the list, accessibility, internal controls and charities were also very topical.

 

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Public holiday reminders for the 2014-15 holiday season

The holiday season is often the happiest time of the year, because of time spent with family, gifts and many other things. However, it can also be the most stressful time of the year, especially at work. Deadlines are often tight because of shifting schedules, customers and workloads can be more demanding, and there may be pressure to increase performance to meet end-of-year business goals. Family demands, travel and employment standards public holiday (statutory holiday/general holiday) requirements can also take a toll. Management should not forget what employees are entitled to, and their responsibilities, under the law regarding time off during the holidays. Here is a brief summary:

 

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