I started seeing the #metoo hashtag being posted by friends and acquaintances on Twitter and Facebook one Sunday evening, and by the next morning it seemed that every woman I knew had chimed in. For those who don’t know, a picture started circulating on social media that read: If all the women who have been
Court and tribunal cases pertaining to workplace investigations used to be cause for excitement among workplace investigators because they were so few and far between. But more and more, we are seeing workplace investigations featured prominently in case law, either as the main issue or an ancillary one. In September there were two interesting cases
Although there is a lot of buzz around bystanders these days, most of this discussion relates to encouraging bystander interventions in order to curb sexual harassment and violence on university campuses. At Rubin Thomlinson, this has got us thinking: What about workplaces? Why isn’t anyone talking about bystanders in the context of workplaces? As the
Faced with the prospect of significant severance obligations, an employer may choose to give an employee working notice of termination to reduce their monetary liability. Given that the implied contractual requirement at common law is to provide “reasonable notice of termination” (as compared to payment in lieu of notice), an employer is typically entitled to
In the last two months alone, there have been numerous reports of students alleging that their university mishandled complaints of sexual harassment. From Ontario to BC, it is clear that Canadian students want their post-secondary institutions to address the longstanding and highly charged issue of sexual harassment on campus – but not without their participation
This summer, the House of Commons Standing Committee on Government Operations and Estimates tabled a 10–year review of the 2007 Public Servants Disclosure Protection Act (PSDPA). The PSDPA protects 400,000 federal government employees from reprisal in situations where they have made a protected disclosure to their employer or are cooperating in an investigation. This review
I worked in retail for several years, and I vividly remember my worst interactions with customers. The woman who thought a shirt was on sale, and threw it in my face when I told her it wasn’t. The couple who yelled a series of four-letter words at me when I told them they couldn’t cut
Thank you so much for attending our webcast. We really enjoyed getting the chance to review the impact of Bill 132 and to imagine how it has, and will continue, to change workplaces. Since our broadcast we have found one more case that illustrates the impact of this bill on workplace harassment. In Toronto Community
No matter how fair-minded an investigator may be, the inescapable reality is that we all have inherent biases. The situations we investigate are viewed through our own lens, and sometimes our past experiences and our perceptions can interfere with a fair and neutral information gathering process unless steps are taken to mitigate the risk. The
In my time as an investigator, I have noticed a theme that arises in many workplace harassment investigations: Emails cause problems. I know what you’re thinking – almost every workplace relies on email! How can people communicate without it? To be clear, I am not advocating for an end to email in the workplace. However,
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