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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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Consent and Bill 132: What changes? Nothing

With Bill 132 set to come into effect on September 8, 2016, and January 2017 for universities and colleges, there is a great deal of work that organizations are required to do, including drafting policies, establishing investigation procedures, and training staff. Given the usual complexities of investigating sexual violence, one of the central areas of

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Blog with a Dog (and the Ontario Human Rights Tribunal)

We hope that most employers are familiar with their substantive obligations under the Ontario Human Rights Code (the “OHRC”). However, I have found that employers can overlook a “hidden” provision in the OHRC which imposes liability on them not only for the discriminatory actions of their controlling minds and/or senior employees, but also for those

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Tackling mental health in the workplace: Management’s 5 key responsibilities

The statistics pertaining to mental health issues in the workplace are staggering. The Canadian Mental Health Association has published mental health and addiction statistics which indicate that 20% of Canadians will experience a mental illness in any given year and in any given week, 500,000 Canadians are unable to work due to mental illness. They

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Ministry of Labour proactively investigating employer compliance with ESA

Although the Employment Standards Act, 2000 (“ESA”) is intended to be remedial legislation designed to protect vulnerable employees, it is only as effective as its enforcement mechanism.  In an effort to ramp up such enforcement, the Ontario Ministry of Labour periodically performs a series of “enforcement blitzes” to proactively investigate employer compliance with the ESA

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Conducting criminal record checks in Ontario – Changes, they are a-coming

On December 3, 2015, the Ontario Legislature passed the Police Record Checks Reform Act. The Act will come into force upon proclamation by the Lieutenant Governor of Ontario, which date has yet to be announced though it is expected to occur in the next few weeks. The Act would bring about a sea change in

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Beyond the bathroom: Creating transgender-inclusive workplaces

Recently, it seems like all anyone wants to talk about when it comes to transgender inclusivity is bathrooms. Questions about bathrooms dominate recent dialogues and workshops of which I’ve been a part. The US media can’t stop talking about their politicians talking about bathrooms. Large companies like Target are taking positions, leading to praise from

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Again? Making the case for workplace investigation “do-overs”

From time to time, we are retained to redo a workplace investigation that an employer has already done. The prompts for our work on these occasions are different.  Sometimes, on review of the report (or in the case where none is produced) the employer itself knows there is a problem with the process or the

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