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Serious insight for serious situations.

Serious insight for serious situations.

Data and Investigation Series: Why is collecting investigation data important?

This is the first in a series of blog posts that I will be writing on data and investigations.

The ultimate goal of organizations is to get into what we at Rubin Thomlinson call “the zone” – the optimal workplace that is characterized by respect, civility, tolerance, inclusivity, and no, or few, employment-related legal problems.

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Can jokes amount to harassment if no one told the jokester to stop?

“How was I to know they were offended by my jokes? They never told me they were uncomfortable.”

Jokes between colleagues can be an important contributor to positive workplace culture. Unfortunately, some employees are subjected to jokes and teasing that is offensive or demeaning.

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Sex, lies, and celebrities: What employers can learn from the Russell Brand allegations

In recent weeks, allegations have been raised about actor/comedian Russell Brand regarding various instances of sexual assault, emotional abuse, and bullying from four anonymous women. As outlined below, this story provides several important takeaways for employers and investigators who deal with these issues.

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A nudge to workplace investigators: Be aware of “Adultification” Bias

I was not shocked when I read a recent newspaper article that said, “Black student allegedly locked in a room at an elementary school.” For those reading this blog, you are probably wondering why. Simple answer: this was not the first time I heard about such a concerning story.

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Dealing with “poisoned workplace” complaints

I recently investigated a case where I needed to assess whether the discriminatory conduct that I found contributed to a poisoned work environment (PWE). This topic was explored in a previous blog post by RT, but I felt it was time for a more recent and in-depth look.

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Québec cases we should all know about, part 1: Navigating gender-based harassment in the workplace: A look at Lippé v. Québec

Québec case law often goes unnoticed in the rest of Canada and remains inaccessible to most workplace investigators across the country, primarily due to linguistic reasons. This situation is quite unfortunate since Québec courts, tribunals, and adjudicators render interesting and innovative decisions every year in various areas of interest, including human rights and labour law.

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Quelques décisions du Québec que vous devriez connaître, partie 1: Comprendre le harcèlement fondé sur le genre : un regard sur Lippé c. Québec

La jurisprudence québécoise passe souvent inaperçue dans les autres provinces canadiennes et demeure inaccessible pour la grande majorité des enquêteurs et enquêteuses en milieu de travail du pays, et ce, pour des raisons principalement linguistiques. Cette situation est malheureuse, puisque chaque année, les tribunaux québécois rendent des décisions intéressantes et innovatrices dans plusieurs domaines d’intérêt, dont en droits de la personne et en droit du travail.

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Lexicon for bilingual investigations

Recently, while drafting an investigation report in French, I surprisingly struggled to find an appropriate way to translate “counter-complaint.” In the context of civil litigation, in French, a counterclaim is “une demande reconventionnelle,” but a quick internet search also suggests terms such as “contre-plainte” or “contre-recours.”

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