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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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He said WHAT about me?! Defamation in the workplace investigation context

In a workplace investigation, it is not uncommon for complainants and potential witnesses to express concerns about job-related reprisals before speaking to the investigator. Recently, however, I had witnesses in two separate investigations tell me that they did not want to participate for fear of being sued by the respondent, with one witness specifically referencing

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Vive la France? Is limiting after-hours email a good thing?

This week, approximately one million workers in France in the digital and consultancy sector won a legally-binding agreement protecting them from having to respond to email outside of working hours – that is before 9 a.m. and after 6 p.m.  There has been much talk since about the effect that limiting email outside of working

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Multiple stabbing in Toronto workplace: A tragic reminder of employers’ obligations under Bill 168

April 9, 2014 brought shocking news of an employee who allegedly reacted to the termination of his employment by pulling a knife during the dismissal meeting and stabbing four of his co-workers.  At the time of this writing, three of those individuals remain in hospital—two of them in critical condition. News reports indicate that the

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International be kind to lawyers day – Tuesday, April 8, 2014

No, I didn’t make that up.  It’s really a day, at least insofar as any “International…Day” is really a day.  This movement was started by Steve Hughes, a non-lawyer from St. Louis who works with lawyers in his presentation and rainmaking business and thought that, as a group, they weren’t so bad.  In fact, he

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Celebrating Passover – A few thoughts on the law of religious accommodation

This past month, my colleagues and I have been thinking and writing a lot about religious and cultural observances in the workplace and with Passover around the corner, I thought it would be timely to address how this very important Jewish holiday intersects with the law of religious accommodation. In a couple of weeks, Jews

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The 10th anniversary of Bill C-45: Reflecting on a decade of OH&S liability under the Criminal Code

March 31, 2014 marks the 10th anniversary of the Bill C-45 amendments to the Criminal Code of Canada which had the effect of broadening the scope of criminal liability for organizations, senior officers and management in relation to occupational health and safety matters. Specifically, Bill C-45 redefined the terms “every one”, “person” and “owner” to include

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The cost of discrimination and harassment: $65,000.00; the cost of a failure to investigate: $6000.00; legal lessons learned … Priceless.

In the recent case of Islam v. Big Inc., 2013 HRTO 2009 (CanLII), the Human Rights Tribunal of Ontario ruled that a Toronto restaurant, Le Papillion on the Park (the employer), created a poisoned work environment by: a)  forcing three Muslim restaurant workers to eat pork despite knowing that it was against their religious beliefs

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