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Serious insight for serious situations.

Serious insight for serious situations.

Coping with triggers as a workplace investigator

I can remember this event like it was yesterday. It was at the beginning of my career as a workplace investigator, and I was assigned to conduct an investigation of discrimination on the grounds of race. On this particular day, I recall sitting there, listening to the Respondent tell their side of the story. Suddenly, a familiar but deeply uncomfortable feeling crept up. It was at that moment I knew that I was “triggered.” Unbeknownst to me on that day, that “familiar” feeling was me reliving a past trauma I have experienced.

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The Supreme Court of Canada’s recent trilogy of cases on s. 276 of the Criminal Code – How we can apply it to our investigation practices

In a recent webinar offered at Rubin Thomlinson, titled “Primer on Consent,” we enjoyed a highly informative discussion on consent in the context of sexual assault. Part of that presentation included reference to a trilogy of cases from the Supreme Court of Canada (SCC) on the issue of sexual assault and s. 276 of the Criminal Code (“CC”).

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T.M. v. Government of Manitoba: Important lessons on workplace harassment for employers, employees, and investigators

A recent decision of the Manitoba Human Rights Commission¹ has clarified the extent of an employer’s obligation to provide its employees with a safe and respectful workplace. The decision – the first time the Human Rights Commission has considered a complaint of harassment on the basis of sexual orientation – is a powerful one, and is full of important takeaways for employers, employees, and workplace investigators alike.

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Trauma and credibility: The Ontario divisional court reviews a “he said, she said” case of sexual harassment

In 2018, the Ontario human rights tribunal case A.B. v Joe Singer Shoes Limited received a lot of attention because of its high damages award – $200,000 for the Applicant’s pain and suffering from of over 20 years of sexual harassment by her boss, Mr. Singer. But when Mr. Singer sought judicial review of this decision, it was not the quantum of the damages that was at issue; it was the Vice-Chair’s assessment of the parties’ credibility. Since this was a “he said, she said” case – there were no direct witnesses to Mr. Singer’s conduct – the Vice-Chair determined that Mr. Singer had engaged in sexual harassment, even though he denied doing so, because she believed the Applicant (Ms. B.) and did not believe Mr. Singer.

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