Question: Please set out and discuss the issues that this fact situation demonstrates. As well, in the event that there has been a violation of Thelma's rights, what would be the available remedies that the Tribunal could impose?

Requirements: While setting out the relevant facts is useful, this should be the briefest part of the response. Identifying the issues that are raised in the situation is very important and analysis of the relevant law and its application to the facts of this situation is the most important part. Dealing with potential remedies is also required.

Case Study:

Thelma is an employee who says that she experienced a sexually poisoned work environment when she worked in the Legal Beagle Pub (the "Pub") in Chatham. She reported her concerns to management in late August 2017, and says that management failed to take appropriate steps to respond to her concerns. She also says that she experienced reprisal for having reported her concerns. After not being satisfied with management's initial response to her concerns, Thelma filed a formal complaint with the Pub's Human Rights Office. Its report substantiated many of her allegations, and made recommendations for remedial action which were substantially accepted and acted upon by management. Some of the matters confirmed in the report were that there was inappropriate sexual comments, jokes and innuendos that were regularly heard in the workplace such as comments about how long it's been since someone has had sex, and jokes and conversations about sex. Thelma nonetheless believes that the internal investigation process done by the Pub failed to fulfil its responsibility to take appropriate steps to respond to her allegations. She says that the investigation was not done in timely way. The Manager of the Pub told Thelma that he was going to provide sensitivity training and have someone talk to all staff. Thelma's concerns were about two specific employees. During the investigation, the Manager advised that he already had been in discussions with Human Resources about getting human rights training for staff, but wanted to wait until new staff were hired first. He later told Thelma that there would not be any specific training, but that most staff had registered for human rights training offered through the Pub. Thelma did not feel that the Manager was taking her concerns seriously Thelma feels that her privacy was not respected and confidentiality was breached. After her complaint, several co-workers refused to talk with her and gave her the cold shoulder. Some of her co-workers were upset with her for complaining to management first without talking to them or the people she felt harassed her to give them a chance to respond and change. They said that all staff, including Thelma, had participated in the joking and it was unfair that she complained about only two people. After her initial report to management in late August 2017, Thelma went off on an extended sick leave. On May 23, 2018, Thelma was contacted by Human Resources and offered a modified job and change of location. She was provided with a Return to Work form and asked to have this form completed by her doctor. On August 29, 2018, Thelma was sent a letter by the Pub advising her of her ability to apply for long-term disability ("LTD") benefits. It said that she remained a full-time employee. The letter notes that while she had used up all of her sick bank entitlement, the Pub was continuing to pay her health and dental premiums. On October 19, 2018, Thelma received a letter from the Pub asking to clarify her employment status. It said that she had been absent from work for an extended period on a no pay status, and that she hadn't responded to two offers of alternative, temporary work. The letter further notes that Thelma had not provided any medical information to substantiate her prolonged absence from the workplace, in contravention of the Pub's requirements. The letter required her to make contact by no later than November 3, 2018 to discuss her ability to return to work and initiate a return to work plan, failing which the Pub would conclude that she was no longer interested in returning to work and her employment would be terminated. Thelma did not respond as she was tired and overwhelmed, and just couldn't do anything anymore Her employment with the Pub was ultimately terminated effective November 8, 2018. Thelma says that the termination of her employment was a reprisal for her having raised her concerns and filed a complaint about a sexually poisoned work environment with the Ontario Human Rights Tribunal.