Rubin Thomlinson, Author at Rubin Thomlinson

Five respect at work rules for the remote workplace

March 24, 2020 (December 31, 2020) by Rubin Thomlinson

I find it amazing what we, as human beings, have had to do in the last week to adapt to the realities of living with COVID-19. I am so impressed, for example, by how some small businesses have been able to quickly change how they deliver their goods and services so that they can survive and how customers have embraced and supported this. I am equally impressed that office employees have rolled up their sleeves and found new ways to communicate with one another to “get the job done” and that offices with hundreds of workers are able to operate remotely.

Workplace investigators working remotely part 1: Some humbling lessons we learned this week

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

Last week, our colleague Dana Campbell wrote a terrific blog entitled “Four Tips for Conducting Workplace Investigations Amidst the COVID-19 Crisis.” It contained some excellent advice including the use of technology to replace face-to-face interviews that are part of our investigation process.

We have all had a chance to put Dana’s advice into use this week as we are all investigating and working remotely. For the most part, this way of working has been successful. However, we have had some unanticipated mishaps, which we share with you below. And, in the spirit of working in new ways, this is the first RT blog written collaboratively, so you will hear the voices of different members of our team.

Post #MeToo considerations of sexual harassment: BC Human Rights Tribunal weighs in

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

Despite this opening sentence in her decision, Tribunal Chair Juricevic found that the complainant’s allegations of sexual harassment and discrimination were not substantiated.

As a workplace investigator, I am sensitive to the fact that conversations around #MeToo in the workplace have been an evolution; people are not always sure about “where the line is” when assessing whether conduct in the workplace amounts to sexual harassment. The British Columbia Human Rights Tribunal recently chimed into this discussion. The decision¹ provides a detailed refresher on the legal test for claims of sexual harassment and draws a line in the sand regarding what is (or is not) considered sexual harassment.

Four tips for conducting workplace investigations amidst the COVID-19 crisis

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

It goes without saying that the entire world is currently treading in unchartered waters. The COVID-19 crisis is something that this world has not seen or experienced in many generations, if ever! All industries, businesses and sectors are assessing how to carry on with “business as usual” when the circumstances are anything but “business as usual.” In the wold of workplace investigations, the same questions are being asked.

Ordinarily, a solid workplace investigation rests on four pillars; namely – fairness, thoroughness, timeliness and confidentiality¹. If not handled appropriately, the COVID – 19 crisis has the potential to rock that foundation in two ways – it may impact the fairness and timeliness of an investigation.

Workplace whistleblowing 101

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

This is the first in a series of blogs that I will be writing on workplace whistleblowing. There is not a lot of practical information available on the topic and I want to help shed some light on how employers can be better prepared to deal with employees who blow the whistle.

I am somewhat of an anomaly in that I have a lot of hands-on experience with this subject matter. I have managed whistleblowing programs, conducted intake interviews with whistleblowers and investigated alleged wrongdoing disclosed by whistleblowers.

For this blog, I thought that a good place to start would be to provide general information about workplace whistleblowing given that it is a topic that is foreign to many.

A crash course on course of conduct: When it comes to workplace harassment, a single incident may not be just a single incident

March 2, 2020 (September 21, 2020) by Rubin Thomlinson

In Ontario, harassment is defined in both the Human Rights Code and the Occupational Health and Safety Act as a course of vexatious comment or conduct that is known or ought to be known to be unwelcome. The term “course of conduct” gives the impression that harassment needs to be made up of multiple incidents. In fact, in some circumstances one serious incident can constitute harassment in the workplace.

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.

Serious insight for serious situations.