Serious insight for serious situations.

Serious insight for serious situations.

You’re not the boss of me! Codes of conduct and freedom of expression

A workplace investigation will often start with an internal dispute between co-workers. The issue for an investigator will usually be to hear the evidence and to determine what was said or done, and to then determine whether the conduct in question was contrary to the standard of behaviour expected under an organization’s policies.

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A very merry survival guide to managing year-end fatigue as workplace investigators

It’s that time of the year again. No, I am not talking about “chestnuts roasting on an open fire,” or the “it’s the most wonderful time of the year” feeling. I’m talking about the time of the year when many of us are trying to get into the holiday spirit while juggling work deadlines and demands,….

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Data and Investigation Series: Why is collecting investigation data important?

This is the first in a series of blog posts that I will be writing on data and investigations.

The ultimate goal of organizations is to get into what we at Rubin Thomlinson call “the zone” – the optimal workplace that is characterized by respect, civility, tolerance, inclusivity, and no, or few, employment-related legal problems.

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Sex, lies, and celebrities: What employers can learn from the Russell Brand allegations

In recent weeks, allegations have been raised about actor/comedian Russell Brand regarding various instances of sexual assault, emotional abuse, and bullying from four anonymous women. As outlined below, this story provides several important takeaways for employers and investigators who deal with these issues.

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A nudge to workplace investigators: Be aware of “Adultification” Bias

I was not shocked when I read a recent newspaper article that said, “Black student allegedly locked in a room at an elementary school.” For those reading this blog, you are probably wondering why. Simple answer: this was not the first time I heard about such a concerning story.

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Lexicon for bilingual investigations

Recently, while drafting an investigation report in French, I surprisingly struggled to find an appropriate way to translate “counter-complaint.” In the context of civil litigation, in French, a counterclaim is “une demande reconventionnelle,” but a quick internet search also suggests terms such as “contre-plainte” or “contre-recours.”

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Investigating counter-complaints: A roadmap

So, you found yourself dealing with what appears to be a counter-complaint in the investigation you are conducting. Before embarking on this bend in the road, the first step, and likely the most obvious, is to confirm what you are dealing with and whether it affects your mandate.

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