On our Season 9 finale, we wrap up with an important conversation with Christine Thomlinson about recent cases and issues in workplace investigations law. Topics: participation in toxic workplace cultures; improper investigations; duties of care owed by investigators; and our Ask-Me-Anything Program. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (55:14) Download Transcript
⚫ How can a complainant’s participation in a toxic workplace culture impact their legal rights or entitlements? (5:20)
⚫ What best practices are available to ensure that a workplace investigation is conducted in a fair, objective, and confidential manner? (19:45)
⚫ Do workplace investigators owe a duty of care to complainants? (29:42)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (40:11)
? Does an employee have a legal obligation to participate in a workplace investigation? (40:55)
? How can companies balance the need for transparency with the need to protect sensitive information during an investigation? (43:35)
? Can you discuss the potential impact of social media on workplace investigations? (47:23)
? What are the differences between internal and external investigations, and when might one be preferred over the other? (49:24)
? What are some specific tactics for investigations involving high-level executives or top management? (51:59)
1. Workplace Culture (57:50) Download
– Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310
– Render v. ThyssenKrupp Elevator (Canada) Limited, 2019 ONSC 7460
2. Improper Workplace Investigations: A Cautionary Tale (12:50) Download
– Rutledge v Markhaven Inc., 2022 ONSC 3183
3. Duty of Care for Complainants (13:21) Download
– Mezikhovych v Kokosis, 2022 ONSC 6480
4. Ask-Me-Anything: Workplace Investigations Law (17:38) Download
? Does an employee have a legal obligation to participate in a workplace investigation?
? How can companies balance the need for transparency with the need to protect sensitive information during an investigation?
? Can you discuss the potential impact of social media on workplace investigations?
? What are the differences between internal and external investigations, and when might one be preferred over the other?
? What are some specific tactics for investigations involving high-level executives or top management?
About the Guest:
Christine Thomlinson the co-founder of Rubin Thomlinson LLP and the Managing Director of RT Workplace Training Inc. With over 20 years of experience, she is a highly accomplished employment lawyer, one of the country’s foremost experts in workplace investigations, and a trusted advisor to senior human resource professionals.
Christine and her colleagues work across the country, and have conducted various high profile investigations/reviews in workplaces such as the CBC, the Canadian Olympic Committee and the Government of Newfoundland and Labrador. She is frequently called upon to conduct investigations and assessments/reviews, as well as to advise and/or consult on complex, high-stakes issues pertaining to involving complaints of workplace harassment and other misconduct. In addition to this, Christine and her team develop Rubin Thomlinson’s extensive training curriculum under RT Workplace Training Inc. (“RTWT”), enabling employers to conduct effective workplace investigations themselves under increasing regulatory scrutiny.
Christine Thomlinson can regularly be found on Lexpert’s Best Lawyers and Leading Practitioners lists in Canada, Lexpert’s Leading 500 Lawyers in Canada, and was awarded the Lexpert Zenith award for her contribution to diversity and inclusion in the legal profession. Ms. Thomlinson is renowned for her seminal work on employment law, including co-authoring such texts as For Better or For Worse: A Practical Guide to Canadian Employment as well as the definitive textbook Human Resources Guide to Workplace Investigations, now in its second edition.
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