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Serious insight for serious situations.

Serious insight for serious situations.

Sharing the investigation results or: How to stop worrying and have the conversation

Employers sometimes ask us for guidance on how to share the results of a workplace investigation with the parties. It’s not difficult to imagine why.

All parties to an investigation—so long as they are employees of the employer—are entitled to learn the results of the investigation, as noted in the Ministry of Labour’s Code of Practice.

Yet letting a Complainant know that his harassment complaint was not substantiated, or telling a Respondent that he engaged in bullying, is difficult information to deliver. Information like this can be physically and emotionally overwhelming for the parties to hear, and both may experience a variety of emotions in response.

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But I did an Investigation…: BC Human Rights Tribunal weighs in on investigative gaps in discrimination case

The law on harassment investigations tells us that an employer must conduct an investigation that is “reasonable” and “appropriate in the circumstances.” The challenge is to know what the exact content of a reasonable and appropriate investigation is, particularly when the workplace issue to investigate appears to be like a puzzle with missing pieces whose final picture is constantly shifting.  

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For Vancouver employers, embracing #MeToo makes good business sense

When it comes to making buying decisions, we all want the same thing: quality merchandise that is readily available, for a fair price. But this isn’t all – more and more consumers are factoring corporate image and business ethics into their buying decisions. We want to know how a business treats its workers, what impact its production methods have on the environment, and what corporate values it champions.

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Excerpt from City of Toronto Equity Symposium Keynote 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

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I thought training was supposed to fix this

Two years ago, I attended a Compliance and Ethics Academy in Chicago and was certified as a Compliance and Ethics Professional. Since then, I regularly review publications and articles about compliance systems throughout North America and am often struck by the consistent manner in which training requirements and initiatives impact workplaces when they are included

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What I’ve learned from training

Having spent almost half of this last month training individuals on how to conduct workplace investigations, I’ve been involved in some very interesting discussions with the over 75 people who have attended those sessions.  Here are some of the highlights: 1. Internal investigators are anxious to understand when they should not be the one to

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The essential human rights primer for workplace investigators

Since joining Rubin Thomlinson, I have had the opportunity to deliver workplace investigation training to hundreds of human resources professionals who are challenged in their workplaces to respond to issues of discrimination and harassment. During that time, I’ve noticed an increasing recognition of the duty to investigate these matters, and in some cases, I’ve seen

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