Rubin Thomlinson, Author at Rubin Thomlinson

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.

Getting unstuck: A how to guide on writing workplace investigation reports

December 11, 2019 (December 31, 2020) by Rubin Thomlinson

I suspect that for many of you, conducting investigations and report writing is a once in a while occurrence rather than a full-time job like it is for us here at Rubin Thomlinson. Many of you are busy human resources professionals and counsel with endless competing day-to-day priorities. Likely, you are pulled in many different directions, putting out small fires and trying to keep up with all of those urgent emails and phone calls. For you, investigations may feel particularly disruptive and the process of producing a good-quality investigation report daunting.

Cyber-stalkers, car accidents and bears – oh my! Safety tips for workplace investigators

December 5, 2019 (September 21, 2020) by Rubin Thomlinson

As a workplace investigator, my job often requires me to consider how a person’s well-being might have been impacted as a result of a workplace incident. Something I occasionally neglect to do, however, is reflect on my own well-being and safety while at work. My colleague, Janice Rubin, wrote about the need for investigators to keep self care in mind but sometimes the dangers to our health are more immediate than stress or compassion fatigue. I asked my fellow investigators to share their experiences with safety issues while on the job, and below are some examples of hazards that investigators might encounter during the course of an investigation, and steps that can be taken to minimize the risk.

See something, (don’t) say something: New research on witnessing workplace harassment

December 4, 2019 (December 31, 2020) by Rubin Thomlinson

Time and again we see a familiar story play out in the media and in our work as workplace investigators: troubling behaviour on the part of one or more employees that many other employees witnessed, but never reported to anyone. This is one of the most vexing problems those of us who care about addressing and preventing workplace harassment and discrimination face: why do so many people see or hear about inappropriate behaviour in the workplace and remain silent? And how can we motivate these witnesses – who we refer to as bystanders – to speak up?

Serious insight for serious situations.