governance and Legislation

1. governance and Legislation Facilitated by carolineegan

2. Structures available to a group • Pick a structure that makes logical sense for your group • Use a governing document to manage the group • Adhere to the rules/standing orders/articles you have agreed to in your governing document

3. Compliance: what directors need to know • Company returns made annually to the CRO • Company and employer tax returns made to Revenue • Sufficient insurance cover in place – possible risks accounted for • Sufficient policies and procedures in place to cover: health & safety, employment practice, data protection, child protection, and volunteer management

4. Memorandum & articles of association • Every company must have a written constitution, comprised of two documents: • Memorandum – states the name, main objects clause (principal activity) and the subsidiary objectives of the company (typically wide ranging) • Articles – state the rules for the internal management of the company

5. Articles of Association • Articles cover issues such as: • Minutes • Agenda • Quorum • Delegation of powers to sub-committees • Removal of members

6. Responsibilities of the Board Act Legally: • Health and Safety Legislation • Equality Legislation • Data Protection • Company Law • Employment Legislation • Charity Legislation NOTE Support available: • www.erb.ie(HR) • www.odce.ie (corporate enforcement)

7. Health and Safety Issues • Under the 2005 Safety, Health and Welfare at Work Act, responsibility is placed directly on those in charge in the workplace. = Boards are responsible for good corporate governance, setting objectives and targets and taking strategic decisions on all business issues including health & safety management. = Regular day-to-day management, control and direction of the organisation is the responsibility of the manager and his/her team.

8. 8 Rules of Data Protection You must… • Obtain and process the information fairly • Keep it only for one or more specified and lawful purposes • Process it only in ways compatible with the purposes for which it was given to you initially • Keep it safe and secure • Keep it accurate and up-to-date • Ensure that it is adequate, relevant and not excessive • Retain it no longer than is necessary for the specified purpose or purposes • Give a copy of his/her personal data to any individual, on request

9. Managing Staff Successfully The Steps: • Getting the job right • Selecting the right person • Getting the formalities right (reporting, giving direction and feedback) • Getting the relationship right • Getting the induction right • Making sure everyone is in support • Growing the organisation

10. Employment Law – Minimum Policies Required • Disciplinary • Grievance • Bullying & Harassment • Equal Opportunities • Data Protection • Maternity Leave • Parental Leave • Adoptive Leave • Carer’s Leave • Emergency Family Leave • Health & Safety

11. Practical Resources • Employment policies are contained in the Employee Handbook. A sample handbook is available from the Community Sector Employers’ Forum at www.erb.ie • Legal requirements are available at: - National Employment Rights Authority (NERA) www.employmentrights.ie - Equality Authority www.equality.ie - Health & Safety Authority www.hsa.ie - Labour Relations Commission www.lrc.ie

12. Developing an Effective Recruitment Strategy Steps: • Define the work needs of the organisation • Carry out a job analysis • Write a job description • Create a person specification • Decide on the recruitment methods • Select candidates for interview • Carry out interviews (suitably trained) • Select a suitable candidate (Discrimination must not occur in process)

13. Avoiding Unfair Dismissal Claims Essential Policies and Procedures • Equal Opportunity Policy • Review recruitment practices • Review interview procedures • Grievance policy • Policy and procedures on harassment • Anti-Bullying Policy • Performance reviews • Records (the onus of proof is on the employer)

14. Taking Disciplinary Action • Issue notice of disciplinary hearing • State right of representation • Listen – do not interrupt • Ensure all evidence is presented • Never give the impression that a decision has been made • Adjourn to consider all information • Impartial objective consideration • Disciplinary must be proportionate • Keep notes of all meetings • Right of appeal (based on principles of natural justice)

15. Points to Note If a disciplinary issue arises that could lead to dismissal, three points needed to be considered around the dismissal issue: • What is in the employee’s contract? • What is the relevant legal requirement? • What is taking place in reality? Custom and practice

16. The Role of Supervision • Monitor, evaluate and approve the employee’s performance • Give specific feedback to employees • Facilitate communication and mutual understanding • Discuss difficulties and sources of conflict • Help the employee manage the workload • Identify training needs • Plan and set targets for the work

17. The purpose of a performance appraisal • To reflect on how the worker is fulfilling his/her role • To affirm what the worker has achieved over the period and his/her strengths in the role • To clarify the expectations of the Board • To identify and discuss weaknesses and difficulties • To decide on what changes the worker needs to make • To develop a clear overview of the role and how this fits into the organisation • To review the worker’s job description and agree changes if necessary • To explore the worker’s long-term career plans • To identify training needs • To set goals and targets for the worker over the next period • To identify ways in which management may need to change in relation to the worker

18. Charities – Requirements in Future • Charities Act 2009 • Information needed to register: • A constitution/Memo and Arts of Association • Names and details of trustees • Fundraising plans (and plans for funding specific activities) • Details on your use of professional fundraisers • Activity plans re charitable purposes and area of operation (nationally/outside state) • Details of risk assessments and checks/safeguards for org. working with vulnerable people • Financial accounts for previous year and bank details