Received a mail from one of my female employees complaining about a few behavioral issues of a male employee towards her like taking all her photographs & CV from her system to his folder on his PC, commenting on what she must or must not wear, how she looks today besides following her to the parking lot. We tried to speak to the male employee but he out rightly denied all allegations. In this case what action can we take – expel him or first just warn him.
Please advice
From India, Mohali
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1Please advice
From India, Mohali
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Dear Friend,
1. Do you have a sexual harassment policy? If yes, have you acknowledged it to all employees?
2. Do you have an Ombudsman/Grievance redressal machinery/system? If yes, follow the process.
3. Do you have standing orders/service rules? If yes, follow the same.
4. If there is a "PRIMA FACIE" allegation, follow the procedure of a domestic enquiry and award punishment as per the findings. Such complaints should be addressed immediately.
From India, Pune
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1. Do you have a sexual harassment policy? If yes, have you acknowledged it to all employees?
2. Do you have an Ombudsman/Grievance redressal machinery/system? If yes, follow the process.
3. Do you have standing orders/service rules? If yes, follow the same.
4. If there is a "PRIMA FACIE" allegation, follow the procedure of a domestic enquiry and award punishment as per the findings. Such complaints should be addressed immediately.
From India, Pune
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Yes agree with Mr. 04 , You must take these complaint seriously and resolve as per the process and asap.
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In such cases, let us consider both sides.
Let us say the female is rightly complaining. In this case, if we approach the male staff in question and inquire about his actions, it is unlikely that he will admit to any wrongdoing. It is important to understand that the fear of being found guilty and facing consequences will prevent the individual from acknowledging the situation. Moreover, factors such as his reputation and job may also be at stake.
So, what is the solution?
It is essential to closely monitor both individuals involved - the female who raised the complaint and the male who is the subject of the complaint. It is important to observe their actions without making it obvious that they are under scrutiny.
If your office premises are equipped with CCTV cameras, you can review the footage and use it as evidence. Additionally, you can request the IT department to check if any data is being transferred from the female's PC to the male's PC and where it is being stored.
Maintain vigilant observation while ensuring that your actions do not reveal your concerns to either party.
In such situations, the standard procedure is to establish guilt before taking any disciplinary action. Without concrete evidence against the individual, issuing warning letters may not be appropriate.
It would be beneficial to have senior management share their perspectives on this matter.
From India, Mumbai
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Let us say the female is rightly complaining. In this case, if we approach the male staff in question and inquire about his actions, it is unlikely that he will admit to any wrongdoing. It is important to understand that the fear of being found guilty and facing consequences will prevent the individual from acknowledging the situation. Moreover, factors such as his reputation and job may also be at stake.
So, what is the solution?
It is essential to closely monitor both individuals involved - the female who raised the complaint and the male who is the subject of the complaint. It is important to observe their actions without making it obvious that they are under scrutiny.
If your office premises are equipped with CCTV cameras, you can review the footage and use it as evidence. Additionally, you can request the IT department to check if any data is being transferred from the female's PC to the male's PC and where it is being stored.
Maintain vigilant observation while ensuring that your actions do not reveal your concerns to either party.
In such situations, the standard procedure is to establish guilt before taking any disciplinary action. Without concrete evidence against the individual, issuing warning letters may not be appropriate.
It would be beneficial to have senior management share their perspectives on this matter.
From India, Mumbai
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Hi,
It's a misconduct. First, have proof of the misconduct that took place. Then refer to your standing orders. As per S.O.'s, you can issue him a memo stating a warning not to repeat the same. This will be the basis for further action if required.
Regards,
Rajeev
From India, Bangalore
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It's a misconduct. First, have proof of the misconduct that took place. Then refer to your standing orders. As per S.O.'s, you can issue him a memo stating a warning not to repeat the same. This will be the basis for further action if required.
Regards,
Rajeev
From India, Bangalore
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Dear friend,
This is in addition to what Ankita has said. Unauthorized or unwarranted "data transfer" is perfect material evidence; this evidence cannot be used for a "harassment" case. However, conduct an inquiry for this data transfer and as a punishment, remove that employee and place him in another department. This will send a signal to him.
Inform your security staff and keep that person under physical surveillance. As soon as that person starts shadowing the female employee, she can SMS the identified security staff. The security staff can take photographs of his following. These photographs can be used, at least for inquiry purposes. Even these photographs also cannot be used as evidence for harassment.
Other members have given suggestions. Come back after 3-4 weeks and confirm how you handled the situation.
Thanks,
Dinesh V Divekar
From India, Bangalore
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This is in addition to what Ankita has said. Unauthorized or unwarranted "data transfer" is perfect material evidence; this evidence cannot be used for a "harassment" case. However, conduct an inquiry for this data transfer and as a punishment, remove that employee and place him in another department. This will send a signal to him.
Inform your security staff and keep that person under physical surveillance. As soon as that person starts shadowing the female employee, she can SMS the identified security staff. The security staff can take photographs of his following. These photographs can be used, at least for inquiry purposes. Even these photographs also cannot be used as evidence for harassment.
Other members have given suggestions. Come back after 3-4 weeks and confirm how you handled the situation.
Thanks,
Dinesh V Divekar
From India, Bangalore
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First of all, conduct a domestic inquiry on the complaint.
1. Conduct a confidential inquiry about both the male and female employees who are involved in the issue. There may be hidden points that are not brought to light by both the parties.
2. Gather all the details and summon both the parties to the complaint separately and record both versions.
3. Keep the course of action being taken in the notice of superiors with all records.
4. If evidence is established, then issue a warning letter to the erring employee and if possible, post him to a different workplace/department where there is no possibility for him to meet the female employee, so that most of the problem can be solved.
5. If the male employee is persistent, then tell him the matter is being viewed seriously by Management and brief all possible actions taken on him, including dismissal. Take an explanation letter and assurance letter from him that he would not resort to such acts in future.
6. Keep a copy of all records in respective personal files.
From India, Vijayawada
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1. Conduct a confidential inquiry about both the male and female employees who are involved in the issue. There may be hidden points that are not brought to light by both the parties.
2. Gather all the details and summon both the parties to the complaint separately and record both versions.
3. Keep the course of action being taken in the notice of superiors with all records.
4. If evidence is established, then issue a warning letter to the erring employee and if possible, post him to a different workplace/department where there is no possibility for him to meet the female employee, so that most of the problem can be solved.
5. If the male employee is persistent, then tell him the matter is being viewed seriously by Management and brief all possible actions taken on him, including dismissal. Take an explanation letter and assurance letter from him that he would not resort to such acts in future.
6. Keep a copy of all records in respective personal files.
From India, Vijayawada
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Since she has filed a complaint, do take disciplinary action because this can set a good example of the company's seriousness against any kind of harassment that occurred. Make the department follow and implement its policy to not enter into other personal computers. Allowing such incidents cannot control the required discipline to run any organization.
From India, Ahmadabad
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From India, Ahmadabad
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Please tell me why the proof of unauthorized data transfer cannot be used in a harassment case? It would prove that the complainant was speaking the truth. Personal photos of any female cannot be taken and copied by a male colleague.
From India, Mumbai
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From India, Mumbai
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Dear Friend,
Please obtain a written complaint from the female employee against the male employee and issue him a stern warning letter under Model Standing Order (Section 22) at the earliest. If the male employee continues with the same behavior, advise the female employee to file a police complaint against him. In such a criminal background, the employer has the right to terminate his service from the company.
Regards,
Sachin
From India, Pune
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Please obtain a written complaint from the female employee against the male employee and issue him a stern warning letter under Model Standing Order (Section 22) at the earliest. If the male employee continues with the same behavior, advise the female employee to file a police complaint against him. In such a criminal background, the employer has the right to terminate his service from the company.
Regards,
Sachin
From India, Pune
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Dear Sir Please suggest the meaning of "OMBUDSMAN" in Grievance redressal machinery...
From India
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From India
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1) An official appointed to investigate individuals' complaints against maladministration, especially that of public authorities.
2) A person who investigates and resolves complaints from employees or students.
From India, Vijayawada
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2) A person who investigates and resolves complaints from employees or students.
From India, Vijayawada
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Yes, we are having our own sexual harressment policy and we have acknowledged it to all employees
From India, Ahmedabad
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From India, Ahmedabad
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Hi,
If we look at the contents of the complaint, which include "taking all her photographs & CV from her system to his folder on his PC, commenting on what she must or must not wear, how she looks today besides following her to the parking lot," the complaint certainly points towards misconduct on the part of the male employee, if proved. Based on the complaint, I feel there is no harm in setting up a domestic enquiry or, at least, a fact-finding enquiry. Such an enquiry, which would involve the examination of witnesses, is likely to shed more light on the subject as those witnesses would normally be colleagues on both sides who would, in all likelihood, have important but undisclosed inputs to share with the enquiry committee. At the end of the day, a conclusion would hopefully be reached. And if nothing else, the enquiry following this complaint would certainly act as a deterrent as it would send a strong message among other staff not to indulge in such activities. This, in itself, would be a value addition in the whole process.
Regards,
Vinay
From India, Jamshedpur
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If we look at the contents of the complaint, which include "taking all her photographs & CV from her system to his folder on his PC, commenting on what she must or must not wear, how she looks today besides following her to the parking lot," the complaint certainly points towards misconduct on the part of the male employee, if proved. Based on the complaint, I feel there is no harm in setting up a domestic enquiry or, at least, a fact-finding enquiry. Such an enquiry, which would involve the examination of witnesses, is likely to shed more light on the subject as those witnesses would normally be colleagues on both sides who would, in all likelihood, have important but undisclosed inputs to share with the enquiry committee. At the end of the day, a conclusion would hopefully be reached. And if nothing else, the enquiry following this complaint would certainly act as a deterrent as it would send a strong message among other staff not to indulge in such activities. This, in itself, would be a value addition in the whole process.
Regards,
Vinay
From India, Jamshedpur
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Female security is a priority first; just hope that he doesn't follow her elsewhere (if he's guilty). This has to be resolved at the earliest. It requires all sorts of evidence and stringent action.
From India, Vadodara
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From India, Vadodara
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As a layperson, I wonder if anyone can be held guilty just based on a complaint without any investigation. Let me quote two instances to back my observation. This is not about sexual harassment or theft of data.
A teacher was accused of not giving enough feedback. This complaint was by a student who had failed in an assignment. The Dean of the faculty did not take the lecturer to task but asked for evidence of feedback given. After perusing the file which the lecturer produced, he wrote a letter to the student stating that he was satisfied with the standard and amount of feedback given. If the student still wanted to pursue the case, the student should see him personally. The student never went back.
In another case, workers had accused a Work Study Officer of being partial to a female operator and giving her easy targets. On investigation, the allegation was found to be false, and it was only other operators' perception.
From United Kingdom
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A teacher was accused of not giving enough feedback. This complaint was by a student who had failed in an assignment. The Dean of the faculty did not take the lecturer to task but asked for evidence of feedback given. After perusing the file which the lecturer produced, he wrote a letter to the student stating that he was satisfied with the standard and amount of feedback given. If the student still wanted to pursue the case, the student should see him personally. The student never went back.
In another case, workers had accused a Work Study Officer of being partial to a female operator and giving her easy targets. On investigation, the allegation was found to be false, and it was only other operators' perception.
From United Kingdom
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc