Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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When working notice of termination does not work

Faced with the prospect of significant severance obligations, an employer may choose to give an employee working notice of termination to reduce their monetary liability. Given that the implied contractual requirement at common law is to provide “reasonable notice of termination” (as compared to payment in lieu of notice), an employer is typically entitled to

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The wall: Tearing down poisoned work environments

“CSI-style wall…Creepy…I was horrified…Very evil…Disturbing behaviour.” These are phrases that might be used to describe an episode of Homeland or a big-budget suspense movie. In fact, these were statements uttered by individuals who worked with the Mayor of Whitchurch-Stouffville, Justin Altmann, regarding his behaviour in office. Mr. Altmann was the subject of a recent highly-publicized

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“Cursory,” “self-serving,” & “inadequate” investigation equals over $85k in damages

Earlier this year, the Ontario Court of Appeal in Doyle v Zochem, 2017 ONCA 130 (“Zochem”) upheld the trial decision (2016 ONSC 3188) to award three types of damages in a wrongful dismissal and sexual harassment case. The complainant, Melissa Doyle (“Doyle”) was a plant supervisor and health and safety coordinator. She worked for Zochem

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A class act in BC: Challenging universities’ sexual harassment policies

In the last two months alone, there have been numerous reports of students alleging that their university mishandled complaints of sexual harassment. From Ontario to BC, it is clear that Canadian students want their post-secondary institutions to address the longstanding and highly charged issue of sexual harassment on campus – but not without their participation

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Revisiting reprisal: Proposed changes to whistleblower provisions under the Federal Public Servants Disclosure Protection Act

This summer, the House of Commons Standing Committee on Government Operations and Estimates tabled a 10–year review of the 2007 Public Servants Disclosure Protection Act (PSDPA). The PSDPA protects 400,000 federal government employees from reprisal in situations where they have made a protected disclosure to their employer or are cooperating in an investigation. This review

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Bill 132: One year later postscript

Thank you so much for attending our webcast. We really enjoyed getting the chance to review the impact of Bill 132 and to imagine how it has, and will continue, to change workplaces. Since our broadcast we have found one more case that illustrates the impact of this bill on workplace harassment. In Toronto Community

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What workplace investigators can learn from psychics and ghost hunters: Overcoming cognitive bias in the search for the truth

No matter how fair-minded an investigator may be, the inescapable reality is that we all have inherent biases. The situations we investigate are viewed through our own lens, and sometimes our past experiences and our perceptions can interfere with a fair and neutral information gathering process unless steps are taken to mitigate the risk. The

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