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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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In defence of social media

These days, I find myself following legal issues involving social media with great interest and, occasionally, with considerable amusement and surprise. My interest isn’t driven entirely by my occupation, and the situations I have read about span far beyond the employment law niche in which I practice. Indeed, social media seems to have found its

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Terminating an employee facing misconduct allegations may defy duty of fairness

When an employer is made aware of allegations of employee misconduct, employment lawyers generally advise that they are expected to respond fairly and conduct some form of investigation before reaching any conclusion on fault for the misconduct and any resulting discipline. Given the potential duration and cost of an investigation process, an employer may be

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Harassment: The Saskatchewan experience

Is Saskatchewan, birthplace of Tommy Douglas, the co-operative movement, and curling champions galore, a hotbed of harassment? In 2007, Saskatchewan amended its Occupational Health and Safety Act to address workplace violence and personal harassment. This made Saskatchewan the second province in the country to extend this type of protection to employees. The first province was

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Work-life issues: Implications for employment law

I was very interested to read last week the summary of The 2012 National Study on Balancing Work and Caregiving in Canada (the “Study”), published by Carleton University professor, Linda Duxbury, and University of Western Ontario professor, Christopher Higgins. This is the 3rd such study, conducted once a decade since 1991, and there are some

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Employment law: April Fools’ Day edition (believe it or not!)

April 1st has for hundreds of years marked “April Fools’ Day”- the unofficial “holiday” on which the jesters and pranksters among us test their wit and creativity in staging practical jokes and hoaxes, large and small. Many of us have fond memories of youthful hijinks, and tricks played on us (and by us) in our

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New job-protected leaves introduced in Ontario

On March 5, 2013, the Ontario government introduced new legislation which, if passed, would create three new job-protected leaves under the Employment Standards Act, 2000 (“ESA”). If these new leaves are added to the ESA, caregivers would be allowed to provide support to their loved ones without fear of being dismissed by their employer. The

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Supreme Court of Canada to rule on expanding reach of mandatory retirement

Should individuals who are not technically “employees” be afforded the same protections as employees, even though they are self-employed? The recent decision of the Supreme Court of Canada to grant leave to appeal from the British Columbia Court of Appeal’s decision in McCormick v. Fasken Martineau DuMoulin LLP, 2012 BCCA 313 will tackle just how

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Are you a 22-22-22 employee?

If you’re reading this post in the evening, through a mobile device, and you’re still working, you are likely part of Generation Y. Born between 1981 and 2000, the 12 million Canadian members of Generation Y, have accepted working hours and conditions that, according to a recent article in the New York Times, have coined

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