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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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The new breed of “accidental entrepreneurs”

I was fascinated to read Leah Eichler’s article in the Globe and Mail this past weekend discussing the rise of a new breed of “accidental entrepreneurs”.  Unlike traditional entrepreneurs, who are motivated by a passion to solve a problem or turn a hobby into a paying job, the “accidental entrepreneur” has been spawned by the

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Ladies’ night at the Barking Frog: The Human Rights Tribunal of Ontario weighs in

In a recent case before the Human Rights Tribunal of Ontario, Maclean v. The Barking Frog, (April 16, 2013), a man alleged that a bar had discriminated against him by charging him a higher entrance fee than women on ladies’ night. The applicant, Maclean, went out one evening with his friends to The Barking Frog,

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No discrimination = Human rights damages? It can if there was no investigation.

Deen Morgan believed that he was targeted at work because of his skin colour.  His employer did not agree but it dismissed Mr. Morgan’s concerns and instead found a reason to terminate his employment.  When he took his complaint to the Human Rights Tribunal of Ontario (the “HRTO”), they ruled in a decision released last

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Life after reinstatement

The Ontario Human Rights Tribunal (the “Tribunal”) has recently shown that an employee can be reinstated, even if a decade has passed since their dismissal, when the dismissal was discriminatory. After working for the Hamilton-Wentworth District School Board (the “School Board”) for 13 years, Sharon Fair developed a generalized anxiety disorder, and was off work

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Porridge on toast and other workplace investigation tales from Saskatchewan

The other week, my partner Chris Thomlinson and I conducted our first workplace investigation training session in Regina, Saskatchewan. We were with a great group of people. To prepare, Chris and I reviewed a number of interesting workplace investigation cases that have been decided in Saskatchewan, but have principles applicable for workplaces and investigators across the

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A temporary layoff can’t be a constructive dismissal?

In a decision released last week, Justice Moore of the Ontario Superior Court appears to have altered the law of constructive dismissal as it pertains to temporary layoffs.  Before now, if an employee client came to us having been temporarily laid off, we would nonetheless have considered the possibility that the employee might have been

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Reading the Rutgers investigation report

When delivering our workplace investigation training, we often discuss the need to assume a wide readership for the investigation reports that we prepare, and to write accordingly. Few of us, however, should expect a readership that the investigators tasked with looking into allegations against the Rutgers men’s basketball coach knew that they would face. Video

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Avoid the legal vulnerabilities of volunteering

This week is National Volunteer Week, which celebrates the hard work and initiative of volunteers across Canada. Whether it is teens vying to satisfy their 40 hours of volunteer work before graduation, or youths trying to get their foot in the door at an organization, volunteering is a popular avenue into many Canadian workplaces. Volunteer

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