Rubin Thomlinson, Author at Rubin Thomlinson

Managing your mandate in a workplace investigation

February 25, 2020 (September 21, 2020) by Rubin Thomlinson

As workplace investigators, we have all been there…we thought there was just one allegation. We had visions of an easy, straightforward, and speedy investigation. But then you meet the complainant and when you ask them, “Is there anything else?” it turns out there is much, much more.

Neutrality in workplace investigations

February 20, 2020 (December 31, 2020) by Rubin Thomlinson

When conducting interviews as a workplace investigator, I begin each interview by explaining my role in the investigation process to the interviewee. As an external investigator, I ensure that interviewees are aware that my role is to be neutral. In the past, I have been asked whether I could be truly neutral. I have had interviewees express to me their reservations about how I would be assessing the information they provide, for if a client retains our firm to investigate a complaint, would I not then just be serving the client’s interest? In this blog post, I answer these and other questions I have been asked in relation to an investigator’s neutrality.

“We just don’t believe her”: Confronting “organizational bias” in workplace investigations

February 18, 2020 (December 31, 2020) by Rubin Thomlinson

Bias – whether conscious or unconscious – is a problem that workplace investigators grapple with in many forms. Perhaps bias is exactly what we’ve been asked to investigate: was the complainant treated differently at work on the basis of her gender, race or religion? Or, maybe we’re concerned that our own biases are affecting our investigation: do I believe the respondent’s evidence just because he looks and talks like me?

Keep calm and carry on: When interviewees become aggressive

February 13, 2020 (December 31, 2020) by Rubin Thomlinson

It’s no secret that workplace investigations can be an emotionally charged process. To that end, it is not uncommon for individuals who are interviewed during an investigation to become visibly upset or frustrated. However, it is an altogether different situation where an interviewee becomes downright aggressive, hostile or disrespectful towards the investigator.

Enquêtes : Dix cas à retenir de 2019

February 10, 2020 (December 31, 2020) by Rubin Thomlinson

Le 16 janvier 2020, Rubin Thomlinson donnait une conférence par webdiffusion sur les 10 cas à retenir de 2019 en matière d’enquêtes au travail. Voici les thèmes abordés et un résumé de cette présentation.

It’s not minor: Before you interview a child in an investigation

February 5, 2020 (December 31, 2020) by Rubin Thomlinson

Investigations of misconduct within schools, sports organizations, churches, and community or recreational organizations or programs can involve children as parties and/or witnesses. Any investigation that involves children presents a challenge for investigators for a variety of reasons. On a human level, the vulnerability of a possible child victim of misconduct is taxing to deal with emotionally and psychologically. And the investigator bears the added burden of trying to ensure that no additional harm is visited on the child through the investigation process. In considering the role of an investigator as someone who must collect evidence from a child, the challenge for the investigator is to find an approach that will enable the child to provide the best evidence they can. The additional challenge here is that there are limited resources available to guide investigations that involve child parties or witnesses.

Manitoba Human Rights Board orders recognition of non-binary sex designation on Manitoba birth certificates

February 3, 2020 (December 31, 2020) by Rubin Thomlinson

In a recent decision, T.A. v Manitoba (Justice), 2019 MBHR 12 (CanLII), the Manitoba Human Rights Board of Adjudication (the “Board”) took a major step by ordering the Government of Manitoba to revise the criteria for changing sex designation to include recognition of non-binary sex designations on Manitoba birth certificates. This was the first adjudication in Manitoba on gender identity since its inclusion in the Manitoba Human Rights Code (the “Code”) in 2012.

Serious insight for serious situations.