Why every employer should care about gender harassment

When most people think about sexual harassment, they think about unwelcome sexual advances and requests/demands for sexual “favours”: The executive who puts his hand on his administrative assistant’s knee. The professor who tells a student she might get a better grade if she went for a drink with him after class. While these behaviours are [...]

Decision makers in British Columbia give thoughts on workplace investigations

Two 2018 decisions in British Columbia – one from the BC Labour Relations Board and one from the BC Supreme Court – provide workplace investigators with some good insight into what makes a good workplace investigation. Member Paul Love’s March 2018 decision in Western Forest Products Inc. v. United Steelworkers 1-1937, 2018 CarswellBC 826, 135 [...]

Lessons from the Top of the Podium: What We Can Learn From the Harassment of Women in Sport

A few months ago, my colleague Janice Rubin took a look at all of the industries that had been prompted to survey their own members on their own experiences with sexual harassment.   Indeed, the variety in these industries was remarkable and ranged from theatre to funds management to media to Members of Parliament. For me, [...]

Rights of Respondents

We are in the midst of a cultural shift where survivors of sexual violence and harassment now feel able to publicly share their experiences and seek justice for those harms. A big part of the public response has been to believe the accusers and acknowledge their bravery in speaking out, and to hold the (mostly) [...]

Excerpt from City of Toronto Equity Symposium Keynote by Janice Rubin

During the last several months, many of you have probably found yourself waking up in the morning and thinking: who’s next? Which towering figure from the world of entertainment, art, politics, restaurants, media — you name it — will be toppled due to accusations of sexual harassment? I am an employment lawyer who has worked [...]

Workplace Investigation Alert: Reconsidering Reprisals

Special note to Ontario and BC readers: If this subject is of interest to you, you may wish attend one of our related workshops. Some spots are still open for the following sessions – we recommend registering soon. We hope to see you there. Conducting Workplace Assessments – June 20, 2018 in Toronto, ON Learn how [...]

Racial Profiling and Human Rights: Important Reminders from a Recent HRTO Decision

The recent Ontario Human Rights Tribunal decision of Wickham v Hong Shing Chinese Restaurant 2018 HRTO 500 provides some important reminders on employer liability for racial profiling. The adjudicator found that the Applicant and his three friends were racially profiled when they were asked to pre-pay for their meal at a sit-down Chinese food restaurant. [...]

WorkSafe BC’s workplace investigation for breach of confidential information leads to cause termination

Special note to BC readers: If this subject is of interest to you, you may wish attend one of our related workshops in BC. Some spots are still open for the following sessions – we recommend registering soon. We hope to see you there. Bystander Intervention Training – May 23, 2018 Learn how to enable & [...]

Workplace Investigation Alert: BC case shows how employers should NOT handle workplace harassment

Special note to BC readers: If this subject is of interest to you, you may wish attend one of our related workshops in BC. Some spots are still open for the following sessions – we recommend registering soon. We hope to see you there. Bystander Intervention Training – May 23, 2018 Learn how to enable & [...]

Is there a place for mediation and ADR in a post-Bill 132 world? *Blog Series*

RT Policy Reflection #1: Is there a place for mediation and ADR in a post-Bill 132 world? Blog Series In addition to workplace investigations, assessments and training, one of the other services that we provide at Rubin Thomlinson is policy reviews. In this capacity, we review organizations’ workplace harassment policies (among others) to ensure that [...]

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