Recorded Webinar: Dismissing Board Members in the NFP Sector - When Push Comes to Shove

A dynamic and cohesive board is vital for the good governance and reputation of any organization. So what can an organisation do when it becomes necessary for a board member to be removed? The process can be difficult. This session examines how to best navigate board member removal, including:

• Board member removal due to misconduct:
  • When is quiet withdrawal appropriate?
  • Gross misconduct and reporting / disclosure obligations to authorities and members
• Understanding the terms of the NFP’s governing document
• Board removal options and the relevance of the legal structure of the NFP
• When to consider expulsion from ordinary membership
• Complying with ‘natural justice’ principles
• Employment law obligations - when will removal constitute unfair dismissal?
• Other issues to consider upon removal:
  • Removing access to assets and documents
• Powers of the ACNC and ASIC to disqualify individuals from acting as board members
• Alternatives to removal:
  • Waiting for the term to expire
  • Intervention from the chair to improve performance