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 [...]

Cool, Calm, Collected – Best practices in staying objective

As workplace investigators, we understand how critical it is that our investigations be carried out in an impartial manner.  The Ministry of Labour’s Code of Practice states that in order for an investigation to be “appropriate”, the investigator must be an “objective” person who is neither the alleged harasser nor under his or her control.  [...]

Survey Says? A look at the industry-specific sexual harassment survey boom in the wake of #MeToo

Janice Rubin and Maria Luisa Vitti Unfortunately, there is no Steve Harvey here, no witty responses and no cash prizes.  Instead, the surveys we reference are the numerous industry-specific sexual harassment surveys that have been recently circulated in the wake of the #MeToo movement. #MeToo sparked more than discussion of sexual harassment in Hollywood, as [...]

Taking care of the people who take care of your people: How employers can support HR staff through workplace investigations

Anyone who works in human resources will tell you that they wear a lot of hats. On a given day, an HR generalist might meet with employees to provide guidance on compensation and benefits, organize training for new hires, meet with legal counsel on an employment litigation issue, and give advice to senior managers on [...]

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