General Archives - Rubin Thomlinson

The why and how of incorporating visual aids into investigation reports

June 14, 2022

A lot of work goes into producing an investigation report that is well-written and well-reasoned. But the finished product is more than just a set of words—it is also a visual experience for the reader. While visual elements such as white space and word font certainly enhance readability, in this blog post I focus on the communicative power of visual aids (images, tables, charts, etc.) and provide some best practices for including them in investigation reports.

Enquêtes : Dix cas à retenir de 2019

February 10, 2020

Le 16 janvier 2020, Rubin Thomlinson donnait une conférence par webdiffusion sur les 10 cas à retenir de 2019 en matière d’enquêtes au travail. Voici les thèmes abordés et un résumé de cette présentation.

When can I tell my story?

January 27, 2020

Workplace investigators all do the same thing when they conduct an investigation: they tell participants to keep the investigation and its subject-matter confidential. This instruction helps protect participants’ privacy and maintain the integrity of their evidence. But what happens to this confidentiality requirement when the investigation is over? How does an employer respond when a participant in an investigation says that they want to tell their story, in their own words, to an audience beyond the painstakingly neutral and objective investigator?

Somewhere over the rainbow: Dealing with evidence stored on a cloud

January 21, 2020

In our digital era, investigators must be increasingly technologically savvy. Evidence can take on many forms, including texts, emails and social media accounts. Many employers provide company-issued phones, which, more often than not, happen to be iPhones that are controlled by Apple IDs and rely on virtual storage. As the workplace is further digitized, and as more offices become mobile or virtual, investigations will naturally be dealing with evidence that is stored virtually on a cloud. As the decision District of Houston v. Canadian Union of Public Employees, Local 2086 (“District of Houston”) illustrates, sometimes when evidence is stored virtually, it is not so easy to access.

Excerpt from City of Toronto Equity Symposium Keynote by Janice Rubin

June 4, 2018 | 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

Climb ev’ry mountain, Ford ev’ry stream? How far must investigators go?

December 14, 2016

A decision out of the Federal Court of Appeal this month has provided a reminder for investigators that their approach, their reports and the eventual findings must be reasonable in order to pass judicial scrutiny. The decision, Emerence Miakanda-Batsika v. Bell Canada 2016 FCA 278, is an endorsement of a previous Federal Court decision (2014

Problem employees: how can businesses survive them?

March 2, 2016

Recently, Kim Stacy, owner of the now defunct Emma’s Eatery in Nova Scotia, sparked a social media debate by complaining that a frustrating new generation of employees has helped put her out of business. Ms. Stacy complained that during the nine years her eatery was open, young employees demanded to be paid dearly for working

When does an employer’s accommodation actions become harassment?

November 28, 2014 | By Cory Boyd

When an employee requires accommodation following an injury or onset of a disability, an employer is often unsure where to draw the line in their communications and interactions with the employee. Accommodation is a collaborative process and it is important that the employer receives information and cooperation from the employee. At the same time, employees

Serious insight for serious situations.