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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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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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Employer drowns in penalties after not paying student lifeguards

The owner of a pool company has been sentenced to 90 days in jail and fined $15,000 for not paying thousands of dollars in wages to former student lifeguards. The employer operated a string of pool supply companies, and hired students to work as lifeguards during the summer months. The employer was able to secure

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A delicious way to resign

Chris Holmes worked days for the Border Force at Stansted Airport and baked cakes in his spare time. After three years of moonlighting, Mr. Holmes decided it was time to pursue his cake business full-time. This left the matter of announcing his decision to his employer. How better for a baker to resign than on

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