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Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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Ontario’s Bill 190: What it could mean for investigating workplace “virtual” sexual harassment

The Ontario government recently announced its introduction of Bill 190 (also known as the Working for Workers Five Act, 2024). The bill proposes changes to various pieces of employment-related legislation. One of these changes is the expansion of the definitions of workplace harassment and workplace sexual harassment under the Occupational Health and Safety Act (“OHSA”) to include certain virtual activities.

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Bill C-65 – 3 years later … Are you up to date?

Where does the time go? Federally-regulated organizations surely recall the passing of Bill C-65 which amended the harassment and violence provisions of the Canada Labour Code (“CLC”). They also no doubt recall the accompanying Work Place Harassment and Violence Prevention Regulations (“Regulations”) that came into effect in January of 2021, and set out more specific requirements for those employers that fall within federal jurisdiction.

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When is enough enough?! Salanguit v. Parq Vancouver tells us when a complaint has been reasonably handled

We often hear horror stories about workplace complaints being handled poorly — instances where employers don’t act, investigators miss the mark, and so on and so forth. I’ll now be the bearer of good news and share what the British Columbia Human Rights Tribunal (“Tribunal”) recently found to be reasonable handling of a complaint in Salanguit v. Parq Vancouver and another.

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Workplace investigations: When to start and how to finish

We speak (and blog and train) often about how to conduct a workplace investigation. However, it’s important to remember that employers need to be aware of their legal obligations relating to when to start one and how to finish it. Two recent decisions provide important information about these investigation bookends.

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Stress Traumatique secondaire – Qu’est-ce que c’est et qui est à risque?

Beaucoup d’entre vous connaissent le terme « stress traumatique secondaire » – une forme de stress qui peut survenir lorsqu’une personne entend les détails d’un traumatisme vécu par une autre personne1. Alors que le stress traumatique secondaire est plus souvent associé aux prestataires de soins de santé, tels que les travailleurs sociaux, les psychologues et les premiers intervenants, il peut affecter toute personne exposée à un traumatisme.

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What Taylor and Travis’ relationship taught us about Misogynoir 

I was excited when I found out that Usher was performing for this year’s Super Bowl Halftime show. In my opinion, an artist who has been highly underrated, was finally given the opportunity to perform for millions of people on live TV. Usher beautifully executed promotion of his performance, as the commercials highlighted his body of work that I have known since I was young. I may not be a complete NFL fan or “buff.”

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Three tips for ensuring your investigation reports do not encourage employer missteps

Under Ontario’s human rights jurisprudence, when an employee raises a complaint of discrimination, the employer has a duty to address that complaint. The employer’s response to a complaint, including the investigation it undertakes, must meet a standard of “reasonableness.”

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Addressing conflicts in the workplace caused by historical complaints

A challenging question that employers may face is how to respond to historical complaints of harmful behaviour when such complaints arise and cause conflict in the workplace. It is not unusual for complaints to not be brought forward immediately. At times we see complaints of incidents dating back a few years, sometimes even over a decade.

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