Hi Friends,
I am working as an HR Manager in a small company where one of our employee has faced a sexual harassment via SMS by her senior colleague. As per company’s sexual harassment policy we have terminated the senior colleague who was found guilty immediately based on the evidence & confession by the culpable employee.
Can anyone help me know whether there will be any legal obligations on the company after terminating the culpable employee?
OR
What steps a company should take after terminating the culpable employee?
From India, Bangalore
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I am working as an HR Manager in a small company where one of our employee has faced a sexual harassment via SMS by her senior colleague. As per company’s sexual harassment policy we have terminated the senior colleague who was found guilty immediately based on the evidence & confession by the culpable employee.
Can anyone help me know whether there will be any legal obligations on the company after terminating the culpable employee?
OR
What steps a company should take after terminating the culpable employee?
From India, Bangalore
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Dear grg_Sikha,
I think when you terminate the same, you have paid all his dues and signed all the required documents.
If you follow the proper procedure and make the decision based on substantial evidence or witness testimony, there is no need to fear any legal liability. However, a complete record of all proceedings must be maintained for legal purposes, so it would be beneficial to have it on hand in case of any legal proceedings.
Thank you.
From India, New Delhi
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36I think when you terminate the same, you have paid all his dues and signed all the required documents.
If you follow the proper procedure and make the decision based on substantial evidence or witness testimony, there is no need to fear any legal liability. However, a complete record of all proceedings must be maintained for legal purposes, so it would be beneficial to have it on hand in case of any legal proceedings.
Thank you.
From India, New Delhi
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Dear Shikha,
You have terminated the employee after conducting an inquiry, which is fine. However, the following points are also important:
a) Whether the principles of natural justice were followed.
b) Whether the accused was given a chance to defend his position.
c) Whether the inquiry was vitiated by any means.
Many times, companies do half the job and end up losing their case in the labor courts. If the trial was fair, if the principles of natural justice were followed, and if the punishment awarded was not disproportionate to the misconduct, then courts do not intervene in the internal matters of the company.
Ok...
Dinesh V Divekar
From India, Bangalore
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You have terminated the employee after conducting an inquiry, which is fine. However, the following points are also important:
a) Whether the principles of natural justice were followed.
b) Whether the accused was given a chance to defend his position.
c) Whether the inquiry was vitiated by any means.
Many times, companies do half the job and end up losing their case in the labor courts. If the trial was fair, if the principles of natural justice were followed, and if the punishment awarded was not disproportionate to the misconduct, then courts do not intervene in the internal matters of the company.
Ok...
Dinesh V Divekar
From India, Bangalore
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You can terminate the employee subject to conducting a proper departmental inquiry.Moreover, you should take decision in the matter based on Govt. Guidelines issued from time to time.
From India, Delhi
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From India, Delhi
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Hi Shika,
There would'nt be legal obligation if the full and final settlement is done for the accused. Did you issue the termination letter? If yes,did you file the photocopy of the termination letter? Did you take a letter in writing from the accused duly signed by him that he has sexually harrased his colleague?
Please keep the evidences safely with you. In case, if he files a case saying that he has been removed from the job for no fault of his, then you can submit the evidances,nor there would be a chance for him to win the case.
Regards,
Sudhir Narisetty,
HR Professional,
Andhra Pradesh.
From India, Hyderabad
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There would'nt be legal obligation if the full and final settlement is done for the accused. Did you issue the termination letter? If yes,did you file the photocopy of the termination letter? Did you take a letter in writing from the accused duly signed by him that he has sexually harrased his colleague?
Please keep the evidences safely with you. In case, if he files a case saying that he has been removed from the job for no fault of his, then you can submit the evidances,nor there would be a chance for him to win the case.
Regards,
Sudhir Narisetty,
HR Professional,
Andhra Pradesh.
From India, Hyderabad
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Dear Sudhir,
It would be against the principles of natural justice to terminate the services of a permanent employee without first holding a Departmental Inquiry. The employee must be given an opportunity to defend himself. If you dismiss him by merely taking a letter from him that he committed moral turpitude without holding any inquiry, it may result in termination of service by undue influence/coercion.
I am of the view that the proper course of action in the instant case will be to follow the advice of Mr. D.V. Divekar as stated above to be read along with the relevant Government Guidelines in this regard.
From India, Delhi
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It would be against the principles of natural justice to terminate the services of a permanent employee without first holding a Departmental Inquiry. The employee must be given an opportunity to defend himself. If you dismiss him by merely taking a letter from him that he committed moral turpitude without holding any inquiry, it may result in termination of service by undue influence/coercion.
I am of the view that the proper course of action in the instant case will be to follow the advice of Mr. D.V. Divekar as stated above to be read along with the relevant Government Guidelines in this regard.
From India, Delhi
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Hi Shikha,
Second view of the case... yes, whatever steps taken by management are correct, but instead of direct termination, we have many options to handle the case. I think termination should be the last option, and it depends on the severity of the incident. So, before termination, we have to consider all options.
Devendra.
From India, Pune
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Second view of the case... yes, whatever steps taken by management are correct, but instead of direct termination, we have many options to handle the case. I think termination should be the last option, and it depends on the severity of the incident. So, before termination, we have to consider all options.
Devendra.
From India, Pune
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Hi Shika,
Whatever you have done is right. I am sure you must have recorded the statement of the complainant and the accused. There is an established law for it (Prevention of Sexual Harassment at the workplace), and you may go through it. I am sure you will understand it. No need to worry.
Thanks,
N. J. Bhat
From India, Mumbai
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Whatever you have done is right. I am sure you must have recorded the statement of the complainant and the accused. There is an established law for it (Prevention of Sexual Harassment at the workplace), and you may go through it. I am sure you will understand it. No need to worry.
Thanks,
N. J. Bhat
From India, Mumbai
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[QUOTE=Arun Kumar Maitra;1928955]Dear Sudhir,
It would be against the principles of natural justice to terminate the services of a permanent employee without first holding a Departmental Inquiry. The employee must be given an opportunity to defend himself. If you dismiss him by merely taking a letter from him that he committed moral turpitude and without holding any inquiry, it may result in termination of service by undue influence/coercion. I am of the view that the proper course of action in the instant case will be to follow the advice of Mr. D.V. Divekar as stated above, to be read along with the relevant Govt. Guidelines in this regard.
Hi Arun, I don't think all such things are necessary if the accused is proven to be guilty. It's a waste of time. As per the mail sent, the inquiry has already been done by 'HRD.' This is more than enough to take action.
Regards,
Sudhir Narisetty
Regards,
Sudhir Narisetty.
From India, Hyderabad
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It would be against the principles of natural justice to terminate the services of a permanent employee without first holding a Departmental Inquiry. The employee must be given an opportunity to defend himself. If you dismiss him by merely taking a letter from him that he committed moral turpitude and without holding any inquiry, it may result in termination of service by undue influence/coercion. I am of the view that the proper course of action in the instant case will be to follow the advice of Mr. D.V. Divekar as stated above, to be read along with the relevant Govt. Guidelines in this regard.
Hi Arun, I don't think all such things are necessary if the accused is proven to be guilty. It's a waste of time. As per the mail sent, the inquiry has already been done by 'HRD.' This is more than enough to take action.
Regards,
Sudhir Narisetty
Regards,
Sudhir Narisetty.
From India, Hyderabad
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Sexual Harassment Prevention - Legal Obligations of Employers.pdf