Author Archive - Rubin Thomlinson LLP

Rubin Thomlinson LLP is a Toronto-based employment law firm dedicated to finding optimal legal solutions to challenging workplace issues. Rubin Thomlinson provides expert counsel to employees and employers on all legal issues pertaining to the workplace such as hiring, retaining and terminating employees; executive compensation and contracts; accommodation issues; and workplace human rights. Rubin Thomlinson is also considered a leading authority in the area of workplace harassment, and workplace investigations and reviews. Read more.

Investigating the invisible: Examining subtle racial discrimination (part 2)

February 3, 2020 Rubin Thomlinson LLP Employee Relations, Human Resources, Human Rights, 0

The concept of a “microaggression” has received significant attention in recent years, and was explored more fully in a previous post. At its core, a microaggression is a subtle, often unintentional, behaviour that is rooted in stereotypes about marginalized groups. Despite the absence of ill will, microaggressions in the workplace can nonetheless amount to discrimination or harassment.

discrimination, employment law, microaggression, racial discrimination, Workplace discrimination

Unfair Investigation? No Comment.

January 15, 2020 Rubin Thomlinson LLP Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

We are now in a world where workplace harassment is taken much more seriously than it was before. Although some jurisdictions in Canada do not have an explicit legal obligation to investigate incidents of this nature, there is now a pressing moral obligation to do so. But when such a moral obligation is unmoored from legal principles or government-issued guidelines, there is a greater risk of unfairness to all parties. An investigation in this context is more likely to be guided by an emotional drive to either undermine those who raise complaints or persecute those who are alleged to have behaved badly, rather than arriving at factual findings from a neutral perspective using a fair investigation process.

employment law, external investigator, workplace complaints, workplace harassment, workplace investigations

Health care and harassment: Now is the time to address unhealthy habits

December 3, 2019 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, 0

When bullying, harassment, and discrimination are prevalent in the workplace, the tendency is for employee productivity to diminish and absences to increase.

accountability, employment law, harassment and bullying, inappropriate behaviour in the workplace, Workplace bullying and harassment

How an external investigation actually saved money for an employer

November 6, 2019 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

discrimination, employment law, harassment, human rights, human rights damages, Workplace Assessments, Workplace discrimination, workplace investigations

8 tips on keeping an investigation confidential

October 11, 2019 Rubin Thomlinson LLP Employee Relations, HR and Technology, HR Policies and Procedures, Human Resources, Privacy and Security, 0

Investigations contain sensitive material that must always be kept confidential, a standard which has been adopted in the Ministry of Labour’s Code of Practice.

electronic communication, employment law, laptops, maximize productivity, privacy and confidentiality, workplace investigations

Believing women while remaining neutral: Conducting sexual harassment and sexual violence investigations in a post-#metoo world

September 4, 2019 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, 2

As in all investigations, the only way to sort out information that does not seem to make sense is to ask. In the case of complainants who may have experienced a traumatic event, asking such questions in a calm, non-judgmental way is more important than ever.

#metoo, credibility assessments, employment law, investigations, sexual abuse, sexual assault, Sexual violence, traumatic events, workplace investigations

Workplace investigation alert – Injunctions in investigations: Do they ever work?

August 9, 2019 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, 0

There is no question that workplace investigations are disruptive and difficult for the parties involved. Sometimes parties are removed from the workplace or their duties are modified. Complainants and respondents are often concerned about damage to their reputations and their careers once it is known that a complaint has been made, and that an investigation is being conducted. Can an investigation ever be shut down in anticipation of this disruption?

complaints of harassment, employment law, harassment in the workplace, internal investigation, investigations, suspend the employee with pay while you investigate, suspension with pay, workplace investigations

Looking in the mirror: Harassment in legal workplaces

July 12, 2019 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, 0

Whether advocating for a client before the Human Rights Tribunal, drafting a Respect at Work Policy or assisting a client with engaging a workplace investigator, many lawyers are familiar with providing advice about harassment at work, but how many of us have thought about harassment in our own workplaces?

bullying, discrimination, employment law, harassment, harassment and bullying, racial discrimination

Workplace investigation alert: BC case shows how employers should NOT handle workplace harassment

April 25, 2018 Rubin Thomlinson LLP Human Resources, Human Rights, Penalties and Fines

A recent case from British Columbia, Wells v. Langley Senior Resources Society, is a useful example of how an employer should not handle workplace harassment.

chronic mental stress, employment law, harassment, mental stress, prohibited grounds of discrimination, stress-related illness, workplace harassment, workplace harassment policy

Wal-Mart’s “deplorable” pre and post termination conduct results in a sizeable $750,000.00 moral and punitive damages award

January 15, 2018 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Training and Development, Wages and Compensation

Recently, in Galea v. Wal-Mart (2017 ONSC 245) the Ontario Superior Court released a decision in a wrongful termination matter involving a Wal-Mart Executive Gail Galea (“Galea”) and the “reprehensible” termination conduct of Wal-Mart. In addition to the usual wrongful termination damages such as salary, benefits, bonuses, etc., the Court awarded a whopping $750,000.00 in moral and punitive damages combined.

contractual obligations, employee relations, employment law, Galea v. Wal-Mart, moral and punitive damages, punitive damages, terminations, workplace restructuring, wrongful dismissal

Municipal Integrity Commissioners and Workplace Investigators: Who does what when council members are accused of harassment?

December 17, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Training and Development

Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017. One of the biggest changes introduced by the Bill is the requirement that all municipalities in Ontario have a Code of Conduct and either appoint an Integrity Commissioner, or make arrangements for the Commissioner of another municipality to fulfill the relevant duties.

code of conduct, duty to investigate harassment complaints, employment law, harassment complaint, Integrity Commissioner, internal complaint process, municipal workplace harassment investigations, workplace harassment

Ontario Passes Bill 148

December 12, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Union Relations, Wages and Compensation

On November 22, 2017, the Ontario government passed Bill 148, which includes amendments to the Employment Standards Act (“ESA”), the Labour Relations Act (“LRA”) and the Occupational Health and Safety Act (“OHSA”). On November 27, 2017, Bill 148 received Royal Assent.

Bill 148, child death leave, critical illness leave, Domestic or Sexual Violence Leave, employment law, employment standards act, equal pay for equal work, Family Medical Leave, Holidays, independent contractors, Labour Relations Act, minimum wage, occupational health and safety act, on-call work, ontario employment standards act, overtime pay, personal emergency leave, pregnancy and parental leaves, Public Holiday Pay, record keeping, temporary layoff, termination, Vacations

The official word on unofficial bonus policies

November 14, 2017 Rubin Thomlinson LLP HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

On September 25, 2017, the Ontario Superior Court of Justice released its decision Fulmer v. Nordstrong Equipment Limited, 2017 ONSC 5529 (“Nordstrong”), where the Court dealt with a wrongful termination case, and issued a noteworthy determination on an employee’s bonus entitlements.

Bonus entitlement on termination, bonus policies, employment law, post-termination bonus, termination, wrongful termination

The Wall: Tearing down a poisoned work environment

October 17, 2017 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

Although a similar CSI-style wall is unlikely to be recreated in a typical workplace, other examples of pervasive, non-specific harassment may arise. It is incumbent upon leaders at all levels in an organization not just to recognize harassment and potentially, a poisoned work environment, but to take steps to remedy the issues.

complaints of harassment, duty to investigate harassment complaints, employment law, harassment, inappropriate behaviour, poisoned work environment, workplace assessment

Pink jobs vs. blue jobs: Sexism in the skilled trades

September 18, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Recruiting and Hiring

In August 2017, the federal government launched a $73 million work-placement program for students through paid co-op opportunities in industries such as science, engineering and skilled trades. This is one of many examples of recent initiatives attempting to attract more people into the skilled trades. Both federal and provincial governments have acknowledged a shortage of workers in the trades and are working on ways to incentivize people – especially women – to enter fields like electrical work, construction and carpentry.

discrimination on the basis of sex, employment law, human rights code, skilled trades