Click here to purchase your copy of Human Resources Guide to Workplace Investigations, Second Edition, a must-have practical guide to workplace investigations written by leading employment and workplace investigations lawyers Janice Rubin and Christine Thomlinson.

Serious insight for serious situations.

Serious insight for serious situations.

Believing the Complaint is Not Enough: Guidance on appropriate investigations into inappropriate comments

Guidance on appropriate investigations into inappropriate comments
As investigators, we see that harassment often comes in the form of derogatory comments about people’s racial and ethnic background, as well as their sex, gender identity and gender expression. What we do not see as investigators, but can reasonably assume, is that these comments often go uninvestigated. Why?

Read More

Writing policies and procedures in the era of #MeToo

With the second anniversary of the Bill 132 changes fast approaching (September 2018), my hope is that organizations can use some of this insight to shape future iterations of their own workplace harassment policies which, pursuant to the legislation, must be reviewed on (at least) an annual basis.

Read More

Jane Doe and the myth of the “real” victim

The Federal Court of Appeal recently heard an application for judicial review of a decision of the Public Service Labour Relations and Employment Board (the Board) in which the Board had found that an employer – the Canadian Border Services Agency (CBSA) – failed to provide a harassment-free workplace for one of its employees.

Read More

The Effect of an Investigation on the Respondent

Most workplace investigation decisions focus on the psychological harm to complainants suffered as a result of the alleged misconduct. We have written about this issue before – see our discussion of the importance of a trauma-informed approach for victims of sexual assault here.

Read More