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  • Posted in: Open Forum

    Hello Joanne and those who have responded. It is difficult to think of a reason within the Australian context for justifying the notion that the CEO in this instance is an independent contractor. In Australia the Australian Taxation Office, which has its own additional criteria for judging independent ...

  • Posted in: Open Forum

    I agree with Christopher's comments. Adding to his comments, you mention Joanne, your experience of the CEO being a director without a vote. This raises the possibility not only of the conflicts Christopher mentions but the inability of the CEO/Director to fulfill their fiduciary responsibilities if ...

  • Posted in: Open Forum

    Hi Christopher, Thank you for the additional insight about the CEO sitting on the board, although I have experience of the CEO sitting on the board but without a vote. Regards, Joanne ------------------------------ Joanne Salazar ------------------------------

  • Posted in: Open Forum

    Hi Joanne, I see that Fergal has responded to your question regarding the CEO's contractual status and I agree that employment law (certainly in new Zealand) would more than likely treat the CEO as an employee, but it could be impacted by the terms of the contract. For example, if the CEO was only employed ...

  • Posted in: Open Forum

    Fergal, Thank you, this was my understanding as well; I just wanted to sound out the governance community as it has been some time since I dealt with these matters. Regards, Joanne ------------------------------ Joanne Salazar ------------------------------

  • Posted in: Open Forum

    Whether someone is an employee (under a contract OF service) ​or a contractor (contract FOR service) is a matter of fact, and not within the organisation's discretion. The Revenue Commissioners have clear guidance on this. It seems most unlikely that a CEO could meet the definition of a third party ...

  • Posted in: Open Forum

    Hello, I have what I believe to be a peculiar situation and would appreciate readers sharing their views and insights. I am a director on the board of a membership organisation. It has been incorporated as a not-for-profit company. Upon reviewing the employment status of the CEO, it was decided to ...

  • Posted in: Open Forum

    The role of a director has never been an easy one. Increasingly we see more pressure on directors to know it all, this is an impossible feat. Some of the best boards delegate certain tasks to sub-committees or senior management committees which either report into the board directly or via one of its ...

  • Posted in: Open Forum

    Indeed its about making our Boards move from mere rhetoric to being accountable for gender diversity. We all must play our part in driving the gender agenda forward. I have noted that while there was a lot of discussion amongst the women folk during Womens Month on the need to challenge the status quo, ...

  • Posted in: Open Forum

    Troy, some excellent observations in your commentary. Specifically, that a "director cannot be all things and possess all skills". Which circles back to the question of understanding what the board's skill needs, etc., are before appointing. However, I suggest boards will need to develop specialist committees ...

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    Set out below is my article published by The European Financial Review on How shareholders, corporations ...

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