Rubin Thomlinson | Insights, News & Articles

Whistleblower Series: The workplace whistleblower program – friend or foe?

June 9, 2021 | By Liliane Gingras

What seems like a really long time ago, I wrote in one of my blogs that I would be doing a series on whistleblowing. It seemed like a great idea at the time: there isn’t that much practical information about whistleblowing out there and I have a lot to share on the topic given that I have done work in this field for many years. But then, a pandemic happened, and my “series” didn’t quite get off the ground. I’ve come back to the topic, though, as I’ve been fielding some questions about it lately.

“Missing and Missed”: 5 takeaways for systemic reviews

June 1, 2021

We are often asked to determine whether systemic issues exist in workplaces, focussing on issues like sexual misconduct, harassment, racism, and alcohol and substance use. Unlike investigations, systemic reviews don’t examine isolated error or fault. Systemic reviews don’t uncover misconduct or wrongdoing of a particular person, or flag potential civil or criminal liability. Systemic reviews are different. Designed to identify issues involving an institution’s systems, policies, and practices, they can also scrutinize group behaviours, norms, and actions – in ways that an investigation or a court proceeding can’t.

The art of interviewing: Drawing inspiration from Oprah

May 18, 2021

On the evening of Sunday, March 7, I, along with 17 million other people, tuned in to watch Oprah’s interview of Prince Harry and Meghan Markle. I am the first to admit that I wanted to hear all the details about their decision to step back as “senior” members of the Royal Family, but as an investigator, I also was also interested in how Oprah approached the interview – how she asked her questions, what she asked, and how Harry and Meghan would respond.

Fairness in investigations

May 11, 2021

Most workplace investigations are not subject to independent review; though they may be considered by a court or tribunal, this would usually be in the context of a separate legal proceeding, e.g., a wrongful dismissal action or a human rights case. Certain investigations, however, may include the exercise of a statutory power of decision, which may give a party a right to pursue a judicial review to challenge the conclusions reached. In such a case, the court may directly address issues such as fairness and the reasonableness of the decision reached in the course of an investigation.

How an interview with an NBA great can help you write better workplace investigation reports

April 20, 2021 | By Liliane Gingras

In my last blog, I wrote about the importance of plain language. I wanted to do one more blog on this because I came across a “real life” example that illustrates the point nicely. I’m definitely not one for sports analogies and stories. First, not everyone can understand or relate to them. Second, they bore me a little (especially any story that involves a detailed play-by-play). But for this blog, I had to make an exception…

Part 2: Restoring the workplace after a harassment or discrimination investigation

April 14, 2021 | By Dana J. Campbell-Stevens

In my last blog, I discussed “Restoring the workplace before a harassment or discrimination investigation.” However, what if the horse is already out the barn? An investigation has been conducted; relationships in the workplace are broken; the environment has become toxic because of the situation, the investigation, or both; there is a lack of trust; productivity is low; and/or communication is poor. How do you restore the workplace now?

Part 1: Restoring the workplace before a harassment or discrimination investigation

April 12, 2021 | By Dana J. Campbell-Stevens

Fortunately, or unfortunately, harassment and discrimination investigations have become quite prevalent in the workplace in recent years. Notwithstanding the legislative mandate, it is a positive indication when organizations are responding to complaints of harassment and discrimination within their workplace. However, in my experience as a workplace investigator, I often see quite clearly that, before an organization decides to pursue an investigation, there are multiple opportunities to address some of the issues by using less adversarial means.

The impact of “cancel culture” on workplace investigations

March 30, 2021

In our workplace investigation training sessions, we often talk about “the four pillars” of the investigation process — fairness, thoroughness, timeliness, and confidentiality — as the foundation of a solid investigation. Here, I briefly explain how “cancel culture” can impact fairness, thoroughness, and confidentiality.

Asking about identity during an investigation

March 24, 2021

As workplace investigators, it is important to be mindful of how you frame your questions when interviewing parties to an investigation. Framing is even more important when engaged in discussions about an individual’s identity (e.g., sexual orientation, race, nationality, religion, etc.).

Empathy in workplace investigations

March 16, 2021 | By Chantel Levy

My first experience with a workplace investigation was vicariously first-hand, when a close friend of mine was named as a respondent and I became their de facto support person. The investigation was ongoing for three months. During that time, my friend ate, slept, and breathed that investigation.

Serious insight for serious situations.