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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
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.
When HR departments become aware of a complaint, they should ask themselves the threshold question: If what is alleged is true, does it breach our policies or statutes? A recent decision of the British Columbia Human Rights Tribunal (“the Tribunal”),…
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.
A few years ago, my mother was submitting an online job application and mentioned to me that one of the questions asked whether the applicant was a visible minority. She told me that she left the answer blank so that she wouldn’t be used as a “token” to “check a box” – literally and figuratively
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.
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.
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…
Surprise, you have been recorded! It is the first thing that popped into my mind after reading my colleague and Vice-chair Bruce Best’s recent decision of Ardila-Zuluaga v. IO Industries Inc., 2021 HRTO 1042 .
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