This is the management structure of the charity
Executive Director and Board of Trustees (which has no role at the moment and we are working on their removal) due to conflict of interest ,,, allowing their children work for the charity and one of them works for the organization.
My request of the providing financial statement had been copied for the chair two times but no the chair nor anyone else said something about it.
So, I am in the process calling this individual the fact and let him leave the organization? if insist call the police and ask his removal from the building? is that some thing I can do it as the Head and founder of the charity?
Is there a written contract with this person? If so is there a termination clause in it?
First of all you need to ensure that internally you have the right to make the decision to fire and carry this out. This is not a legal issue, it depends on the structure of the charity, who is granted what powers and so on. Whilst as an executive director you would usually have the right to do so, there may be limitations imposed on this internally so you should always check if that is the case.
If none exist, then your next consideration is what contract is in place with the contractor because there would be a contractual relationship in place and you will be expected to adhere to this to ensure you do not act in breach of contract. Depending on the seriousness of his breaches you may consider terminating immediately as per the contract terms (gross misconduct). A 7-day notice is not that long so if possible you may wish to issue that to ensure it does not give him the opportunity to claim for breach of contract for not being issued with notice, but if it is imperative to terminate immediately then you may do so, arguing the gross misconduct as per the terms.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?
does the contract say how a termination should take place?
Good morning, to be on the safe side and as the notice to terminate is only 7 days, I would advise that you issue this person with this notice to terminate their employment. Then they cannot challenge you that you did not give them any notice, especially if their actions may not have necessarily amounted to gross misconduct. As 7 days is not a long period it would much safer just to give them the notice in writing and terminate their employment that way. As to the other query as that is a completely separate issue please post it as a new question on our website, thanks