NFP Q&A: Before You Take On A Volunteer...

Many charities and not-for-profit organizations simply could not exist without the dedicated work of volunteers.  While true "volunteers" are not subject to the protections afforded by employment-related legislation, organizations need to consider some of the potential risks which may arise with the use of volunteers.  My colleague Michelle Henry provides some information on some issues organizations need to consider.

Question:  Is a volunteer considered an employee?

Michelle:   Volunteers are generally not considered to be "employees".  That said, under the Ontario Employment Standards Act, 2000, for instance, the term "employee" is broadly defined as including a person an employer allows, directly or indirectly, to perform work normally performed by an employee.  There is no definition of volunteer in the ESA.  As such, if the organization engages both volunteers and employees, it is important to ensure that volunteers are not performing the work of employees,