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Learning Lessons from OpenAI’s Pitfalls: Preparing for the Potential Ripple Effect of Terminations

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.

Learning from OpenAI’s Pitfalls

Over the weekend we learned that following a failed attempt at reinstatement, the former CEO had agreed to join the company’s financial backer, Microsoft. Altman was joined at Microsoft by other executives and management who quickly exited the company following his termination. While Microsoft welcomed the employees, it also publicly left the door open for Altman to return to his former company. 

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British Columbia Becomes The Second Province with Pay Transparency Legislation

On November 1, 2023 British Columbia’s new Pay Transparency Act (“Act”) took effect, which requires employers throughout British Columbia to post expected salary ranges for job postings. Notably, as explained by the British Columbia government in a guidance document, this requirement will also apply to postings for remote positions if the position is open to candidates in British Columbia, among other locations. 

Pay Transparency

British Columbia is now the second province in Canada with such legislation in effect following Prince Edward Island in 2022. Ontario may also follow suit with the Minister of Labour, Immigration, Training and Skills Development recently announcing the intent to introduce legislation next week regarding pay transparency. As details emerge and if the legislation progresses toward becoming law in Ontario, we will keep you informed.

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Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers

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. 

Working for Workers Act

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.

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You’ve been served with notice to bargain, now what?

Receiving a notice to bargain can be overwhelming for an employer, especially if it is to negotiate a first collective agreement. It is important to understand key steps in the process in order to be prepared to achieve the best outcome for your business. 

“You’ve been served with notice to bargain, now what?”

Do not feel rushed 

There is no need to immediately schedule bargaining sessions once you receive notice to bargain. The obligation is to commence bargaining within a reasonable time frame such that the employer is not interfering with the union’s right to collective bargaining. Understandably, it could take up to a few months to align the schedules of the bargaining teams on both sides and to ensure adequate time for preparation. 

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Approaching, Understanding and Implementing Legal Settlements

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. 

Legal Settlements: Mastering Disputes

 

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.

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Respect in the Workplace Policies: An Employer’s Starting Point for DEIB Initiatives

Employers often state that promoting DEIB initiatives is a top priority, and they ask us how best to improve on the start they’ve made (or how to get on board in a meaningful way for the first time). For those less versed in this space, DEIB stands for Diversity, Equity, Inclusion and Belonging. The ‘belonging’ component is a more recent addition to the acronym. According to Gallup, in a ‘culture of belonging’ employees are appreciated for what they bring to the group, there is a genuine desire for meaningful relationships, and there is an appreciation for the differences between people. In addition to leading to a happier workplace, it’s no surprise that fostering a culture of belonging makes good business sense. Gallup found that if more employees believed that their opinions counted, “organizations could reduce turnover by as much as 27%, safety incidents by 40%, and increase productivity by 12%.”

DEIB Workplace Policy

A growing community of recruitment and HR professionals and consultants are promoting and advancing  DEIB initiatives by sharing innovative tools and resources – e.g. AI communication coaching providing private, judgment-free feedback on our unconscious biases (we have them!); quizzes or surveys to assess whether we understand and how we perceive the concept of belonging at work; DEIB courses on having a more productive dialogue about diversity; roadmaps for highly engaged employee resource groups (ERGs), and so on. While there is a loooong way to go, the growth in this space is impressive. 

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