Given the majority of legal disputes that settle before going to trial, the role of a modern civil litigator has shifted from not only being a courtroom specialist, but also being an expert in negotiation. As Rubin Thomlinson LLP represents both employers and employees, we have somewhat of a unique perspective when it comes to
Employers are often advised to act cautiously when dismissing employees, particularly when those employees are subject to enforceable termination provisions. Hasty decisions to terminate based on unfounded allegations of “just cause”, or careless applications of “without cause” termination provisions, may result in unintended consequences. Specifically, employers may find themselves: exposed to liability for bad faith,
With the advent of Trump’s presidency, words, facts (alternative and otherwise) and information have been scrutinized like never before. Our American neighbours are questioning their country’s identity and its future. In contrast, Canada has maintained its commitment to be a sanctuary for refugees and its acceptance of people from all faiths and backgrounds though its
There has been much in the media in recent years about employees of various institutions using their positions as employees to gain access to information about people who use those institutions. The cases we have seen in great detail generally involved health care professionals accessing the records of famous or infamous patients, or for personal
When conducting investigations, it is my practice to inform all parties that should they feel that their participation in the investigation and its process results in reprisal, they should immediately advise me or contact another appropriate resource. It is also important, for employers, when dealing with complaints and persons who are subsequently disciplined or terminated
Picking up on the recent amendments to the Occupational Health and Safety Act via Bill 132 which addressed workplace harassment and sexual harassment, a new proposed bill may now require employers to provide leave, accommodation, and training with respect to domestic and sexual violence. What constitutes domestic violence and sexual violence? This new bill –
Whether you are an internal investigator, or an external one, producing a report at the end of the workplace investigation process can be difficult and daunting. Over the years, we have produced many many reports, and we have reviewed many many others. We’ve also had the benefit of talking about how to write a report
Increasingly, we are being asked by our clients to conduct, or to assist them in conducting, workplace assessments. These are proactive processes designed to gather information relating to the culture, practices or behaviours in the workplace and to identify the root cause of any conflicts or issues, or to determine the effectiveness of an organization’s
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