Rubin Thomlinson, Author at Rubin Thomlinson

Projet de loi C-65 : Êtes-vous prêts? | Bill C-65: Are you ready?

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

Le projet de loi C-65 vise à renforcer les dispositions concernant le harcèlement et la violence dans les milieux de travail sous réglementation fédérale, la fonction publique fédérale et les milieux de travail parlementaires. Le projet de loi a reçu la sanction royale en octobre 2018, mais n’est pas encore en vigueur. En avril 2019, le gouvernement a également proposé un nouveau projet de règlement, qui, tout comme le projet de loi, n’est pas encore en vigueur.

The impact of perceptual variances in investigations

June 9, 2020 (December 31, 2020) by Rubin Thomlinson

I recently watched a video presentation by Kain Ramsay, teacher of applied psychology, on the topic of perceptual variances in the context of cognitive behavioural therapy. He started the presentation with a demonstration. He showed how the number “8” could be interpreted or perceived differently by multiple persons. He demonstrated that the image could be viewed by some as exactly what it is, the number 8. Others may interpret it as the infinity sign; to others it may just look like a pretzel; while to another person, it may be the symbol for DNA.

Bill C-65’s mandatory resolution process for harassment & violence | Part 3

May 25, 2020 (May 31, 2023) by Rubin Thomlinson

For federally-regulated employers, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence) is supposed to come into force sometime this year, although the exact date has not been confirmed. Since the pandemic hit, the federal government has not provided any updates on this.

Bill C-65 and the prevention of harassment & violence | Part 2

May 14, 2020 (December 31, 2020) by Rubin Thomlinson

2020 was supposed to be the year that Bill C-65, An Act to amend the Canada Labour Code (harassment and violence) came into force. The Bill promises to change how employers in federally-regulated industries prevent and address incidents of workplace harassment and violence. Employers have been waiting for the Bill to take legal effect for some time, but with more pressing matters on the national agenda these days, the federal government has not confirmed when this will happen.

Avoid opening Pandora’s box: Working with your external investigator before, during and after the investigation to safeguard neutrality

May 12, 2020 (December 31, 2020) by Rubin Thomlinson

We have all heard of the myth of Pandora’s Box – a box containing many evils that once released into the world could not be put back. As a third-party workplace investigator, I often think of clients having a Pandora’s Box full of information that, if released, could be prejudicial and could lead to an eventual claim of bias.

A Q&A on writing workplace investigation reports

May 6, 2020 (December 31, 2020) by Rubin Thomlinson

I recently did a three-part webinar series on writing workplace investigation reports with my colleague, Janice Rubin. These were short half-hour sessions during which participants could submit questions to us in writing. We had clearly underestimated how much we had to say about writing investigation reports and didn’t have time to get to the questions. In this blog, I answer some of the really good questions that we received.

Case law round-up on fairness: Recent examples of getting it right…and getting it wrong in workplace investigations

May 4, 2020 (December 31, 2020) by Rubin Thomlinson

Fairness is something that we talk about a lot as investigators, although we appreciate that the term can sometimes feel a bit nebulous. Here we have rounded up a couple of recent cases that put the concept into effect, and highlight the importance of ensuring a fair and unbiased investigation…

Think Respect at Work and Harassment Policies can be sidelined during the pandemic? Think again.

April 30, 2020 (September 21, 2020) by Rubin Thomlinson

Racism is on the rise as a result of the global pandemic. Concerns about its prevalence prompted Marie-Claude Landry, Chief Commissioner for the Canadian Human Rights Commission (CHRC), to issue a statement earlier this month condemning the practice. Landry noted that minority groups, and in particular people of Asian origin, have been the victims of taunts, threats and intimidation in public and online. She went on to make clear that no one should feel threatened or unwelcome because of the colour of their skin or where they some from.

Serious insight for serious situations.