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In celebration of our twentieth anniversary, we have created the Rubin Thomlinson LLP Workplace Human Rights Award, in partnership with Toronto Metropolitan University’s Lincoln Alexander School of Law. Learn More

Serious insight for serious situations.

Serious insight for serious situations.

A primer on sexual assault investigations in the workplace

Some of the most serious forms of workplace or institutional investigations will involve the investigation of allegations of sexual assault. For post-secondary institutions (“PSIs”), incidents of sexual assault are, unfortunately, not uncommon. As evidenced by recent stories in the media, incidents of sexual assault can also arise in a variety of other workplaces and organizations.

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Is it too late now to say sorry?

As external investigators, our investigation ends with the delivery of a written report to our client. These reports always include findings of fact, and an analysis of those findings to determine whether there has been a breach of a policy and/or legislation. Sometimes, our clients will also ask that a report include recommendations for next steps.

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Let’s talk about texts: How to deal with evidentiary challenges relating to electronic messages in workplace investigations

I’m not a particularly prolific sender of text messages (perhaps a generational thing). I’ve learned through doing investigative work that it is not unusual for work colleagues to exchange many (thousands!) of text messages over a relatively short period.

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Rumour. Gossip. Hearsay.

Sometimes, allegations of workplace misconduct will be clearly articulated and will be backed up by first-hand evidence of inappropriate behaviour or harassment, and employers will take the appropriate steps to conduct a fair and impartial investigation to determine whether such allegations are well founded.

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Respect at Work Training – why now?

We’ve been hearing much talk about the “Great Resignation” – specifically, between April and September 2021, more than 24 million American employees left their jobs, an all-time record. While the same hasn’t yet been seen in Canada, experts speculate that this may just be delayed…

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