Sheila Wheelah Case Study

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Recommended: Sexual harassment in human resource management

Sheila Wheelah self-drafted a constructive dismissal lawsuit against Barth Custom Intelligent Machines Inc. (BCIMI), a company in which she has worked at for nine months. Throughout her employment she has experience sexual harassment from her manager Harry Pigletti on occasions in his office, and twice in front of co-workers, even though he had been told to stop, and that he was inappropriate more than fifteen times. According to the lawsuit, Sheila has suffered serious embarrassment, damage to her self-esteem, her reputation, and loss of credibility with co-workers. Her options for moving forward are as followed:
Constructive Dismissal Lawsuit Constructive dismissals happen when an employee resigns due to the events that the employer has …show more content…

“A fundamental implied term of any employment relationship is that the employer will treat the employee with civility, decency, respect, and dignity.” Pigletti, had made at least fifteen sexual harassment motions towards Wheelah, some of which can be testified to by fellow co-workers. Not only has the acts of Wheelah’s manager cause damage to her self-esteem, it has impeded on the way her fellow co-workers have reacted to her. By going through with the constructive dismissal lawsuit, Sheila Wheelah is able to claim multiple damages, which would provide financial help whilst looking for new employment. It is clear that the actions by Pigeltti, as expressed by Honourable Mr. Justice J.D.B. McDonald, Pigletti failed to treat Wheelah “with civility, decency, respect, and dignity, to which she was entitled. Accordingly, I hold that she was constructively dismissed from her employment” Under these conditions, Wheelah is entitled to her base monthly salary for 3 months, which sums to approximately …show more content…

It is not a healthy workplace environment when an employee is continually sexually harassed by a superior. By choosing to file a constructive dismissal, although finding justice against her manager and high likelihood of being awarded damages, she faces the task of finding a new job with the little education she has. Secondly, should she choose to relocate, she can continue her current career path, and still seek the advancements she desires, but she faces traveling and/or moving. Thirdly, should she choose to seek financial assistance for education she again is able to stay with the company and increase her knowledge and qualifications, however she may face working with the manager for a longer period of time until a promotion arises. Lastly, should Shelia choose to apply to the OHRC, she faces a long trail of legal fees and tasks, that although costly, can end very rewardingly in the end. Again these options are only as good as they seem to Sheila Wheelah, and it is ultimately what would be best for

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