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Serious insight for serious situations.

Serious insight for serious situations.

Investigations: Our Top 10 of 2020

It has become somewhat of a Rubin Thomlinson tradition to host a webinar at the beginning of each year outlining our top 10 workplace investigation cases from the previous year. On January 14, 2021, we hosted our most well-attended webinar yet: The top 10 cases of 2020. Here are the discussed themes and a very brief summary of the presentation.

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Fatal flaws: 10 mistakes that can sink your workplace investigation report

In my role as review counsel, I train others on how to write effective workplace investigation reports.  When I review reports, much of what I focus on is readability: how is the report going to sound to the reader? Is it easy to read? Is the reader going to get confused by the report’s organization? I think about this mythical reader a lot; probably too much in fact, and I bet my colleagues are tired of hearing me go on about it.

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Think twice before you slack

I was actually going to write this blog last fall but it seems even more timely now. I have done a number of investigations in the past year where some of the allegations and evidence concerned conversations on various instant messaging platforms: Slack, Microsoft Teams and WhatsApp. While I seem to have developed a sub-specialty with investigations in the Tech sector, I confess that the first time a party spoke to me of Slack, I was somewhat clueless.

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Post #MeToo considerations of sexual harassment: BC Human Rights Tribunal weighs in

Despite this opening sentence in her decision, Tribunal Chair Juricevic found that the complainant’s allegations of sexual harassment and discrimination were not substantiated.

As a workplace investigator, I am sensitive to the fact that conversations around #MeToo in the workplace have been an evolution; people are not always sure about “where the line is” when assessing whether conduct in the workplace amounts to sexual harassment. The British Columbia Human Rights Tribunal recently chimed into this discussion. The decision¹ provides a detailed refresher on the legal test for claims of sexual harassment and draws a line in the sand regarding what is (or is not) considered sexual harassment.

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Is disparity dishonesty? On the Dolly Parton challenge and credibility

Did you see the Dolly Parton Challenge meme that went viral in January 2020?
Initiated by American singer Dolly Parton, participants in the Challenge composite four photographs of themselves labelled, “LinkedIn”, “Facebook”, “Instagram”, and “Tinder”. The idea is that each photograph presents a version of the user that corresponds to a different professional, social, or romantic context. The humour in the meme lies in confessional self-awareness – a person can appear and act in one context in a way that might seem awkward or inappropriate in another.

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