Volunteers and Employee Relations
April 14, 2020 Occasional Contributors Business and Legal Issues, Charities, Corporate Administration and Legal Matters, Financial Management, Leadership and Management, Not for Profit, Sales, Marketing and Operations, Volunteers and Employee Relations,
This COVID-19 FAQ, provided by Blumbergs, deals with common issues affecting Canadian registered charities and non-profit corporations during the COVID-19 pandemic.
charities, COVID-19, non-profit organizations, political activities
December 10, 2019 Occasional Contributors Board of Directors, Process and Responsibilities, Charities, Corporate Administration and Legal Matters, Not for Profit, Volunteers and Employee Relations,
I have been asking the Ontario government for months for an update on whether ONCA is coming into force and when. On September 25, 2019 I received a short note from the Policy and Business Law Unit of the Ministry of Government and Consumer Services (MGCS). They noted
Not-for-profit Corporations Act, not-for-profit organizations, ONCA, Ontario Not-for-profit Corporations Act
June 5, 2019 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) Board of Directors, Process and Responsibilities, Charities, Corporate Administration, Corporate Administration and Legal Matters, Corporate Governance, Financial Compliance / Planning / Management, Leadership and Management, Not for Profit, Payroll and Personnel Management, Volunteers and Employee Relations
Notwithstanding the vast differences between for-profit and not-for-profit entities, both need succession plans to quickly and effectively replace CEOs/EDs, whether the departure is planned or abrupt.
Apolone Gentles, board roles, CEO, charities, Chief Executive Officer, ED, executive director, not for profits, performance appraisal, roles and responsibilities, succession planning
July 9, 2018 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) Accounting Systems and Controls, Accounts payable and receivable, Budgeting and Auditing, Business and Legal Issues, Corporate Governance, Finance and Accounting, IT, Privacy and Security, Payroll and Personnel Management, Software Acquisition, Implementation and Maintenance, Systems Acquisition, Maintenance and Disposal, Systems and Data Management, Uncategorized, Volunteers and Employee Relations
Organizations must carefully and proactively determine user requirements and document them with great specificity when designing or evaluating software options to manage payroll and benefits within their companies.
Accounting procedures, accruals, Apolone Gentles, business needs, collective agreement, demographic data, employer, grievance, IT systems, labour relations, Northwest Territories Government v Union of Northern Workers, pension, sick banks, software implementation, software limitations, system capability, union, user requirements
June 11, 2018 Drache Aptowitzer LLP Board of Directors, Process and Responsibilities, Business and Legal Issues, Corporate Administration and Legal Matters, Corporate Governance, Not for Profit, Volunteers and Employee Relations
There is no need to reinvent the wheel in this crisis management initiative. There are many resources online and common-sense articles, checklists and manuals about crisis management.
C. Yvonne Chenier Q.C., coordinating volunteers, crisis, crisis management, crisis management policies, disaster planning team, Disaster Preparation, Drache Aptowitzer LLP, insurance, media information kit, risk management
April 5, 2018 Occasional Contributors Charities, Corporate Administration and Legal Matters, Finance and Accounting, Financial Management, Income Tax Planning / Tax Schedules / Remittances, Not for Profit, Volunteers and Employee Relations
On January 30th, 2018, the Senate of Canada passed a motion to appoint a Special Committee of the Senate to review issues related to the charitable sector in Canada. The Senate confirmed that the Committee’s general mandate will be to examine “the impact of federal and provincial laws governing charities, non-profit organizations, foundations, and other similar groups, and to examine the impact of the voluntary sector in Canada.”
charitable sector, charities, philanthropy, volunteering, Volunteering for a charity, volunteerism
March 5, 2018 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) Accounts payable and receivable, Corporate Administration and Legal Matters, Finance and Accounting, Financial Management, Payroll and Personnel Management, Uncategorized, Volunteers and Employee Relations
A bonus policy may state that employees who are eligible for bonuses must also be actively employed to receive their bonus payments. That is, employers may institute an “active employment clause”. Courts will uphold valid active employment clauses, as demonstrated by Bois v. MD Physician Services Inc., 2017 ONCA 857 (CanLII). MD Physician Services Inc. […]
active employment clauses, Apolone Gentles, bonus, bonuses, employee compensation, employment standards, Payroll
November 10, 2017 McCarthy Tétrault LLP Business and Legal Issues, Competition, Finance and Accounting, Intellectual Property, IP, Not for Profit, Payroll and Personnel Management, Records Management and Retention, Sales, Marketing and Operations, Volunteers and Employee Relations
Restrictive covenants are often a key component of employment agreements and commercial transactions. Enforceability, however, can be challenging, especially in the employment context
blue pencil severance, competition, employment agreement, employment contracts, employment law, Human Resources, non-competition clause, non-solicitation clause, restrictive covenant
November 9, 2017 Occasional Contributors Business and Legal Issues, Finance and Accounting, IT, Privacy and Security, Leadership and Management, Not for Profit, Payroll and Personnel Management, Privacy Compliance and Management, Social Media/Social Networking, Volunteers and Employee Relations
As technology continues to blur the line between personal and professional life, employers increasingly find themselves dealing with the impact of social media on the employment relationship.
employee misconduct, Human Resources, social media, termination
August 14, 2017 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) Business and Legal Issues, Corporate Administration and Legal Matters, Corporate Governance, Leadership and Management, Not for Profit, Volunteers and Employee Relations
Employers must investigate incidents or allegations of workplace harassment and violence. Here are some best practices to improve your workplace investigations and interviews:
Bill 168, harassment prevention, interviewing, investigations, OHSA, workplace domestic violence, workplace harassment, workplace interviewing, workplace investigations, workplace sexual harassment, workplace violence, workplace violence prevention
June 19, 2017 Ethics &Compliance Matters ™, Navex Global ® Business and Legal Issues, Corporate Administration, Corporate Administration and Legal Matters, Corporate Governance, Leadership and Management, Not for Profit, Volunteers and Employee Relations
All of these tips seek to offer ways to make policies and procedures better, but the most important tip is that policies and procedures should not be managed in a vacuum. They are an important element of an effective compliance program without regard to what compliance guidance your organization follows. Ignoring policies can negatively impact compliance conduct, training, monitoring and auditing, investigations – and most importantly and ultimately – the reputation of an organization.
compliance, Foreign Corrupt Practices Act, harassment claims, harassment policy, Policies, policies and procedures, policy management systems, policy statement
June 12, 2017 Drache Aptowitzer LLP Board of Directors, Process and Responsibilities, Charities, Corporate Administration and Legal Matters, Not for Profit, Volunteers and Employee Relations
Charities spend a great deal of time and energy focusing on audits from the Charities Directorate. While this attention on the Directorate is justifiable it is important to recognize that charity regulation is only one function of the Canada Revenue Agency (the “CRA”) and that charities are answerable to the CRA for many of its activities.
charities, charity, foreign workers, not for profits, source deductions, T4, tax
May 8, 2017 Occasional Contributors Board of Directors, Process and Responsibilities, Charities, Corporate Administration and Legal Matters, Financial Management, Not for Profit, Volunteers and Employee Relations
This article sets out the practical benefits and challenges of merging two charities and some post-merger considerations to effect a smooth transition.
merger, merger benefits, post-merger, stakeholder
April 12, 2017 Drache Aptowitzer LLP Advocacy and Public Policy, Board of Directors, Process and Responsibilities, Charities, Corporate Administration and Legal Matters, Financial Management, Not for Profit, Volunteers and Employee Relations
We are often contacted by charities seeking to insulate themselves from potential legal action by disgruntled former members of their organization. This typically results from situations where the individual has been kicked out of the organization for specific misconduct. Although, for the most part, these disputes result in acrimonious name calling from time to time, these matters are litigated. A recent decision of the Alberta Court of Appeal is one circumstance where an irate former member of the Jehovah’s Witnesses took the matter to Court.
charity, church, religious organization
April 3, 2017 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) Business and Legal Issues, Corporate Administration and Legal Matters, Corporate Governance, Finance and Accounting, Not for Profit, Payroll and Personnel Management, Sales, Marketing and Operations, Volunteers and Employee Relations
The case involved an ambiguity in a Maine statute dealing with overtime pay. Under the statute, employees involved in certain activities were exempt from the overtime provisions, so they were not entitled to overtime pay. A group of drivers in Oakhurst argued that they were entitled to overtime pay.
comma, Harvard Comma, legal writing, O'Connor et al v Oakhurst Dairy et al, overtime, overtime exemptions, overtime pay, Oxford Comma, Payroll, serial comma, statutory interpretation
