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Serious insight for serious situations.

Serious insight for serious situations.

The art of interviewing: Drawing inspiration from Oprah

On the evening of Sunday, March 7, I, along with 17 million other people, tuned in to watch Oprah’s interview of Prince Harry and Meghan Markle. I am the first to admit that I wanted to hear all the details about their decision to step back as “senior” members of the Royal Family, but as an investigator, I also was also interested in how Oprah approached the interview – how she asked her questions, what she asked, and how Harry and Meghan would respond.

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Fairness in investigations

Most workplace investigations are not subject to independent review; though they may be considered by a court or tribunal, this would usually be in the context of a separate legal proceeding, e.g., a wrongful dismissal action or a human rights case. Certain investigations, however, may include the exercise of a statutory power of decision, which may give a party a right to pursue a judicial review to challenge the conclusions reached. In such a case, the court may directly address issues such as fairness and the reasonableness of the decision reached in the course of an investigation.

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Part 1: Restoring the workplace before a harassment or discrimination investigation

Fortunately, or unfortunately, harassment and discrimination investigations have become quite prevalent in the workplace in recent years. Notwithstanding the legislative mandate, it is a positive indication when organizations are responding to complaints of harassment and discrimination within their workplace. However, in my experience as a workplace investigator, I often see quite clearly that, before an organization decides to pursue an investigation, there are multiple opportunities to address some of the issues by using less adversarial means.

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The impact of “cancel culture” on workplace investigations

In our workplace investigation training sessions, we often talk about “the four pillars” of the investigation process — fairness, thoroughness, timeliness, and confidentiality — as the foundation of a solid investigation. Here, I briefly explain how “cancel culture” can impact fairness, thoroughness, and confidentiality.

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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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