GOVERNANCE AND LEGISLATION FACILITATED BY CAROLINE EGAN

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

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

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

ARTICLES OF ASSOCIATION Articles cover issues such as: -Minutes -Agenda -Quorum -Delegation of powers to sub-committees -Removal of members

RESPONSIBILITIES OF THE BOARD Act Legally: Health and Safety Legislation Equality Legislation Data Protection Company Law Employment Legislation Charity Legislation NOTE Support available: (HR) (corporate enforcement)

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 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

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

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

PRACTICAL RESOURCES Employment policies are contained in the Employee Handbook. A sample handbook is available from the Community Sector Employers’ Forum at Legal requirements are available at: - National Employment Rights Authority (NERA) Equality Authority - Health & Safety Authority - Labour Relations Commission

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)

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)

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)

POINTS TO NOTE If a disciplinary issue arises that could lead to dismissal, three points needed to be considered around the dismissal issue: 1.What is in the employee’s contract? 2.What is the relevant legal requirement? 3.What is taking place in reality? Custom and practice

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

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

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