Rubin Thomlinson, Author at Rubin Thomlinson

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.

Bill C-65’s new rules on workplace harassment & violence | Part 1

January 29, 2020 (December 31, 2020) by Rubin Thomlinson

2020 will see important shifts in how employers in federally-regulated industries prevent and address workplace harassment and violence. New rules will soon come into effect that will increase employers’ responsibilities to respond to incidents of harassment and violence, and also prevent any such incidents from occurring. I will be writing a series of blogs about these requirements so that employers and investigators can better prepare for what’s coming.

When can I tell my story?

January 27, 2020 (September 21, 2020) by Rubin Thomlinson

Workplace investigators all do the same thing when they conduct an investigation: they tell participants to keep the investigation and its subject-matter confidential. This instruction helps protect participants’ privacy and maintain the integrity of their evidence. But what happens to this confidentiality requirement when the investigation is over? How does an employer respond when a participant in an investigation says that they want to tell their story, in their own words, to an audience beyond the painstakingly neutral and objective investigator?

An ounce of prevention: Sport Manitoba’s proactive approach to safe sport

January 23, 2020 (December 31, 2020) by Rubin Thomlinson

News about safety in amateur sport in Canada is often about the gaps – whether it be policy, resources or oversight — in the sport environment that provides the opportunity for misconduct and results in bullying, harassment, abuse and harm to individuals. We hear about the gaps only after the harm has occurred. And we often hear that the individuals who are victimized did not know where to go to seek advice and support about what to do or they attempted to report and were not heard.

Somewhere over the rainbow: Dealing with evidence stored on a cloud

January 21, 2020 (September 21, 2020) by Rubin Thomlinson

In our digital era, investigators must be increasingly technologically savvy. Evidence can take on many forms, including texts, emails and social media accounts. Many employers provide company-issued phones, which, more often than not, happen to be iPhones that are controlled by Apple IDs and rely on virtual storage. As the workplace is further digitized, and as more offices become mobile or virtual, investigations will naturally be dealing with evidence that is stored virtually on a cloud. As the decision District of Houston v. Canadian Union of Public Employees, Local 2086 (“District of Houston”) illustrates, sometimes when evidence is stored virtually, it is not so easy to access.

T.M. v. Government of Manitoba: Important lessons on workplace harassment for employers, employees, and investigators

January 17, 2020 (December 31, 2020) by Rubin Thomlinson

A recent decision of the Manitoba Human Rights Commission¹ has clarified the extent of an employer’s obligation to provide its employees with a safe and respectful workplace. The decision – the first time the Human Rights Commission has considered a complaint of harassment on the basis of sexual orientation – is a powerful one, and is full of important takeaways for employers, employees, and workplace investigators alike.

Feelings are not evidence

January 2, 2020 (December 31, 2020) by Rubin Thomlinson

As a workplace investigator, my work involves making factual findings where I must determine whether an alleged incident occurred. Over the years, I have interviewed individuals who have conveyed to me their sincere feeling that the alleged incident I am investigating has happened but have not been able to provide any other evidence or witness to corroborate their feeling. For instance, I have had witnesses state that while they did not see the alleged conduct occur between the complainant and the respondent, they feel it happened based on previous observations of or similar interactions they have had with the respondent.

Hindsight for 2020: Reflecting on the past decade to help us navigate the next

December 23, 2019 (December 31, 2020) by Rubin Thomlinson

2020 is around the corner. Although I find this somewhat alarming and difficult to digest, I suppose the warning signs were fairly obvious. And I’m not necessarily talking about self-driving cars and intuitive robots per se; just the inevitable passage of time. As one decade ends and another one is due to commence, it strikes me as an opportune moment for reflection: a time to look at what we have come to know about issues of harassment in the workplace and consider what insight the lessons of the last decade offer for the future of workplace investigations in 2020.

Serious insight for serious situations.