Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
Subscribe to receive updates of interest to you.

Filtered By:

When is circumstantial evidence enough? Lessons from Re SUN and Regina Qu’Appelle Regional Health Authority

Re SUN and Regina Qu’Appelle Regional Health Authority (2017 CanLII 87132 (SK LA)) is a cautionary tale for any employer who has ever relied upon circumstantial evidence to make a finding against an employee. In this case, the Grievor, a Registered Nurse with a history of substance abuse, was alleged to have stolen morphine from

Read More

Your workplace is more than just a collection of your employees

The Supreme Court of Canada has expanded the definition of workplace discrimination beyond the formal employer – employee relationship. In a decision dated December 15th, 2017, the Court decided that if there is nexus between two people working at the same location or on the same project within an employment context, even if there is

Read More

What’s love got to do with it? How to manage workplace romance

Sexual harassment in the workplace has been all over the news lately. Most people are hopefully getting the message that harassment in all its forms, including vexatious comments and non-consensual touching, is unacceptable. Employers need to keep in mind, however, that even consensual workplace relationships can come with a host of problems. Although they are

Read More

Opening the book into harassment investigations at the Vancouver Public Library

A November 2017 BC Human Rights Tribunal decision shines some light on how investigations into harassment complaints are conducted at the Vancouver Public Library (VPL).  The decision, Hawknes v. Vancouver Public Library (No. 2), 2017 BCHRT 250, is the second of two procedural decisions involving allegations of harassment, discrimination and failure to accommodate in employment.

Read More

Under reported but not unknown: More on motivating workplace bystanders

As the news brings daily revelations about workplace harassment, and in particular sexual harassment, we continue to think about additional tools employers and other institutions can leverage to combat the problem. At Rubin Thomlinson, we believe that one of the most invaluable and underutilized tools that employers have in their workplace harassment tool kits is

Read More

RT’s Credibility assessment lexicon

For want-to-be or fledgling workplaces investigators, no subject is more difficult than considering how to assess credibility. In our experience, while most new investigators can easily grasp the concept of “credibility” and recognize when they find or do not find a particular witness to be credible, they often struggle to translate this understanding into writing.

Read More