Earlier today we learned that Sam Altman, CEO of OpenAI the company behind ChatGPT, was returning to his post as CEO, bringing a captivating story to a close (well at least for now).
In case you missed it, the company dismissed Altman on Friday. The company provided few details on its decision to terminate Altman beyond citing a lack of candour on his part when communicating with its Board.Continue Reading Learning from OpenAI’s Pitfalls: Termination Ripple Effects
On October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers, received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments.
Mass Terminations Under the ESA:
One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers
At a time when our civil justice system is plagued by extreme delay, I am grateful to practice law in an area that is well known for its focus on creative and practical problem-solving and settling, as opposed to litigating disputes. There are certainly some labour and employment disputes which simply must be litigated, but the majority of disputes will ultimately be settled. There are many reasons why settlement is often an attractive option (the delay and cost of litigation, the peace of mind a settlement can bring, and avoiding the disruption and harm that litigation can cause to a business or its reputation …just to name a few) but in this blog we will provide some tips for considering, understanding and implementing legal settlements.Continue Reading Approaching, Understanding and Implementing Legal Settlements
According to Statistics Canada, in 2023 20% of Canadian workers reported that they “usually” work from home. This is a significant jump from the pre-pandemic numbers, with only 7% of workers reporting that they usually worked from home in 2016.
Many employers now are trying to figure out how to move forward with working arrangements for their employees in the post-pandemic world- fully remote? Fully in-person? A hybrid of both?
If your business has employees working remotely, whether all the time or some of the time, there are certain employment law issues you should consider as remote work becomes a more permanent and prevalent part of the employment landscape. Continue Reading Potential Employment Law Issues When Managing a Remote or Hybrid Workforce
Accommodating employees with disabilities and medical issues is an integral part of creating an inclusive and equitable workplace. But what should an employer do if they receive a request for accommodation that does not provide enough information? How can we balance an employee’s right to privacy with an employer’s need for sufficient information to assess an accommodation request?Continue Reading Navigating Disability Accommodation Requests: Balancing Privacy and Information
If you’ve ever explored SpringLaw’s Teams’ Bios, it’s no secret that we are huge pet lovers over here! And, being a virtual law firm, we are lucky enough to work with our furry friends daily. For workplaces that are in-office or hybrid, we have seen various workplaces try to replicate this joy by introducing pet-friendly policies to allow employees to bring their pets to work. For animal lovers, the benefits of bringing your pet to work days may be obvious including improved morale, reduced stress, and even increased productivity. However, it’s not all rainbows and butterflies for all employees and if you’re thinking about rolling out a Pet Policy at your workplace, there are some very important legal factors to consider before doing so. Continue Reading Bring your Pet-to-Work Policies – The Do’s, the Don’ts, and the Cautionary Notes
If you’re an employer or HR representative well-acquainted with the realm of employment law blogs, you’ve undoubtedly encountered a myriad of cautionary tales about the perils of contracting errors. The blogs about this topic are countless – and for good reason! The significance of getting contracts right cannot be overstated, as a single mistake could potentially lead to substantial liabilities for your organization. An omitted phrase or a misused word within a termination clause could be the deciding factor between an 8-week statutory notice obligation and a hefty 24-month damages award.Continue Reading Don’t Lose Your Enforceable Termination Clause to the Substratum Doctrine
Common Law Notice
Upon termination of employment, if an employee’s contractual entitlements are not nailed down in an up-to-date and enforceable employment contract, the employee is likely entitled to common law reasonable notice (or pay in lieu of notice) of termination. Even if an employee’s entitlements are set out in an employment contract, it is common these days for employees, on the advice of employment law counsel, to claim that some of the contract’s termination-related provisions are not Waksdale-proof, and are therefore unenforceable. (We discuss how employers can make their contracts Waksdale-proof in this blog, and best practices for rolling out updated contracts in this blog). Under both scenarios, any path to resolution will start with an assessment of the common law notice period.
Ah, reference letters, those elusive pieces of paper that can make or break a job seeker’s dreams. But here’s the deal: employers are not an employee’s personal fan club. They don’t have an obligation to shower employees with praise in the form of reference letters. Before employers start feeling like kings on a throne, let’s explore the legal and strategic considerations surrounding reference letters and how they can impact an employer’s business.Continue Reading Do Employers Have to Provide Reference Letters? The Legal Lowdown