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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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Fairness in investigations

Most workplace investigations are not subject to independent review; though they may be considered by a court or tribunal, this would usually be in the context of a separate legal proceeding, e.g., a wrongful dismissal action or a human rights case. Certain investigations, however, may include the exercise of a statutory power of decision, which may give a party a right to pursue a judicial review to challenge the conclusions reached. In such a case, the court may directly address issues such as fairness and the reasonableness of the decision reached in the course of an investigation.

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How an interview with an NBA great can help you write better workplace investigation reports

In my last blog, I wrote about the importance of plain language. I wanted to do one more blog on this because I came across a “real life” example that illustrates the point nicely. I’m definitely not one for sports analogies and stories. First, not everyone can understand or relate to them. Second, they bore me a little (especially any story that involves a detailed play-by-play). But for this blog, I had to make an exception…

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Part 2: Restoring the workplace after a harassment or discrimination investigation

In my last blog, I discussed “Restoring the workplace before a harassment or discrimination investigation.” However, what if the horse is already out the barn? An investigation has been conducted; relationships in the workplace are broken; the environment has become toxic because of the situation, the investigation, or both; there is a lack of trust; productivity is low; and/or communication is poor. How do you restore the workplace now?

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Part 1: Restoring the workplace before a harassment or discrimination investigation

Fortunately, or unfortunately, harassment and discrimination investigations have become quite prevalent in the workplace in recent years. Notwithstanding the legislative mandate, it is a positive indication when organizations are responding to complaints of harassment and discrimination within their workplace. However, in my experience as a workplace investigator, I often see quite clearly that, before an organization decides to pursue an investigation, there are multiple opportunities to address some of the issues by using less adversarial means.

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The impact of “cancel culture” on workplace investigations

In our workplace investigation training sessions, we often talk about “the four pillars” of the investigation process — fairness, thoroughness, timeliness, and confidentiality — as the foundation of a solid investigation. Here, I briefly explain how “cancel culture” can impact fairness, thoroughness, and confidentiality.

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Investigations: Our Top 10 of 2020

It has become somewhat of a Rubin Thomlinson tradition to host a webinar at the beginning of each year outlining our top 10 workplace investigation cases from the previous year. On January 14, 2021, we hosted our most well-attended webinar yet: The top 10 cases of 2020. Here are the discussed themes and a very brief summary of the presentation.

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