Upcoming Webinar: April 13, 2023 @ 12:30 P.M. (EDT)  |  Ethical Issues in Workplace Investigations Register Today!

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.

There’s an app for that, but should you use it? How technology can (and can’t) assist in combating workplace harassment

In 2017, technology is a part of our everyday experience. In a world where Amazon has replaced the corner store and Tinder has replaced the local bar, it’s not surprising that businesses are now turning to apps and artificial intelligence to assist with workplace harassment reporting and investigations. Using artificial intelligence (AI) to identify potentially

Read More

The outsiders: Recent decision addresses a municipality’s duty to protect employees from external harassment

By now, most employers are well aware of the duty to protect employees from workplace harassment. However, what happens when the harasser is outside the workplace? Is the duty to protect still triggered? Most employment lawyers in Ontario would advise that an employer can (and should) take to protect its employees from workplace-related harassment, regardless

Read More

Poisoned work environment: An employer’s responsibility

I am often asked what “poisoned work environment” means. My thought is that while many people have heard the term and may even use it occasionally, they are not really sure what it is. A recent HRTO decision provides some clear guidance as to what a poisoned work environment is, how it often arises, and

Read More

Municipal integrity commissioners and workplace investigators: Who does what when council members are accused of harassment?

Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017. One of the biggest changes introduced by the Bill is the requirement that all municipalities in Ontario have a Code of Conduct and either appoint an Integrity Commissioner, or make arrangements for the Commissioner of another municipality to fulfill

Read More

Sometimes all you have to do is ask

In February of this year, the federal government launched a survey open to all Canadians asking them about their opinions and experiences relating to harassment and sexual violence in the workplace. Participants were also encouraged to offer suggestions on how to improve workplaces in relation to these issues. The stated goals of the process were

Read More

More lessons learned from the RCMP

Peter Merrifield commenced his service with the RCMP in 1998 and in June of 2007 commenced a civil action against the force, claiming damages for, among other things, the tort of harassment.  On February 28, 2017, Madam Justice Vallée issued a 174 page judgment, finding in favour of Mr. Merrifield and awarding him damages in

Read More

Managerial responsibility – workplace complaints

I had the opportunity to participate recently in a discussion on managerial action/inaction in relation to harassment complaints. One of the participants commented that it was hard to believe, but true, that there were still managers in her workplace who did not take action of any sort after an employee had reported concerns of harassment

Read More