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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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Representative or witness? Be certain before you proceed

As workplace investigators, we regularly conduct interviews where the interviewee is accompanied by a representative from their union or association. Many collective agreements have provisions that allow employees to have their representative present during any interviews that are conducted as part of a workplace investigation, regardless of whether the employee participates as a party to the investigation or as a witness.

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Enquêteur, enquêtrice, enquêteuse – la féminisation des titres

Je me suis récemment penchée sur la question de la féminisation des titres de professions et métiers divers. En premier lieu, il y a longtemps que je me demande si, en tant que personne s’identifiant de sexe féminin, mon emploi est celui d’un enquêteur, d’une enquêtrice ou encore d’une enquêteuse?

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Raising allegations of discrimination in the workplace: Is it what you say, or how you say it?

In October 2021, my colleague Dana Campbell-Stevens wrote a blog in which she addressed how the law views an individual’s gut feeling about being a victim of discrimination. A recent case from the Saskatchewan Court of Appeal, Thomas v. Saskatchewan Indian Gaming Authority Inc., raises issues respecting the potential implications of an individual voicing such a gut feeling.

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Checking for gaps: What I look for when I review evidence in workplace investigation reports

In my role as review counsel at Rubin Thomlinson LLP, I review the workplace investigation reports that are prepared by the firm’s investigators to ensure that they are legal defensible. Clients also ask that I do the same for reports that they have prepared internally.

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Supreme Court revisits what is a “factor” in discrimination

In human rights law, courts and tribunals will often find it useful to determine whether a claimant has established a prima facie case of discrimination. The test requires that the complainant has a protected characteristic under the relevant human rights legislation; that the complainant suffered disadvantage or adverse impact; and that the protected characteristic was a factor or had contributed to the disadvantage or adverse impact.

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