I want legal advice from you. One of my friends' husbands has joined a new workplace as a manager. The ex-manager has harassed him and asked him to leave the job in front of all the staff. My friend's husband has sent an email to the company's MD regarding this. They haven't replied to the email, but actions have been taken regarding the formalities of handing over the job by the ex-manager, but no action regarding harassment. I am not blaming the company, but my friend is afraid that the ex-manager can physically harm her husband. Kindly suggest protective legal measures, please.
From India, undefined
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From India, undefined
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Dear friend,
What is happening with your friend's husband is unfortunate. Nevertheless, to provide a solution, we need a little more information.
What is the meaning of an ex-Manager? Has this ex-Manager resigned and is on a notice period? Is it that this ex-Manager's department has been changed, and now he is handing over to the husband of your friend? Why is the ex-Manager abrasive? Is he abrasive only towards the friend's husband, or is he irascible to all?
To whom does the ex-Manager report? Why are his seniors silent?
We need to understand the psychology of the ex-Manager. Why is he behaving badly? Is there tacit approval for his behavior by the top management? Is his long service being rewarded notwithstanding his poor interpersonal skills?
Since you say that your friend's husband has approached the MD also, but there is no reply from the top office. Therefore, at this stage, your friend's husband needs to generate evidence of the harsh behavior. Let him do audio recording when the ex-Manager shouts. Normal shouting that happens at the workplace cannot be considered harassment as such. However, if the ex-Manager abuses, then it can become harassment, and he might lodge a police complaint. However, this option is fraught with risks. Your friend's husband is new, and he is yet to find his footing in the new company. Incensed at the police complaint, they may remove him on some other pretext.
I doubt whether the ex-Manager can cause any physical harm. Logically, it appears to be far-fetched. However, there is one more option also to solve this problem. Call me on my mobile, and I will explain it on the telephone.
Thanks,
Dinesh Divekar
From India, Bangalore
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8218What is happening with your friend's husband is unfortunate. Nevertheless, to provide a solution, we need a little more information.
What is the meaning of an ex-Manager? Has this ex-Manager resigned and is on a notice period? Is it that this ex-Manager's department has been changed, and now he is handing over to the husband of your friend? Why is the ex-Manager abrasive? Is he abrasive only towards the friend's husband, or is he irascible to all?
To whom does the ex-Manager report? Why are his seniors silent?
We need to understand the psychology of the ex-Manager. Why is he behaving badly? Is there tacit approval for his behavior by the top management? Is his long service being rewarded notwithstanding his poor interpersonal skills?
Since you say that your friend's husband has approached the MD also, but there is no reply from the top office. Therefore, at this stage, your friend's husband needs to generate evidence of the harsh behavior. Let him do audio recording when the ex-Manager shouts. Normal shouting that happens at the workplace cannot be considered harassment as such. However, if the ex-Manager abuses, then it can become harassment, and he might lodge a police complaint. However, this option is fraught with risks. Your friend's husband is new, and he is yet to find his footing in the new company. Incensed at the police complaint, they may remove him on some other pretext.
I doubt whether the ex-Manager can cause any physical harm. Logically, it appears to be far-fetched. However, there is one more option also to solve this problem. Call me on my mobile, and I will explain it on the telephone.
Thanks,
Dinesh Divekar
From India, Bangalore
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Please tell your friend not to worry unnecessarily. Report the matter in writing to the MD and carry on with normal duty.
Was the ex-manager dismissed from the job, or has he just changed his department? Is there any reason why the ex-manager is reacting like this? Was there any prior interaction between these two people earlier?
From India, Pune
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Was the ex-manager dismissed from the job, or has he just changed his department? Is there any reason why the ex-manager is reacting like this? Was there any prior interaction between these two people earlier?
From India, Pune
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Please do not post messages in SMS language. It is very hard to read, e.g., "friend" not "frnd". Using correct English helps our members who are trying to learn and improve their ability to communicate in English. Thank you.
From Australia, Melbourne
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From Australia, Melbourne
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Dear Ms. Indian Woman,
Protective legal measures can be suggested by the members only if you give a full description of the incidents of harassment, and that too in non-SMS language. You have remained quite non-responsive even to the query of Shri Dinesh Diwekar for the last week. So, how do you expect suggestions for protective legal measures in the absence of the specific nature of the offense? Simply asking him to leave the job in front of all the staff cannot be termed as workplace harassment. You could have mentioned the background as well, explaining why his ex-manager asked him to leave the job. There must be some serious deficiency on his part if the manager has taken such a step.
Workplace harassment is a very generic term; the law comes into play only when a specific crime is identified. Even if your friend's husband files a case in the court of law, stating only that he was harassed by his boss without specifying the nature of the harassment, the case would likely be rejected at the admission stage.
Therefore, if you are not ready to specify the nature of the harassment to support your query, for a generic description of workplace harassment, it can only be suggested that the harassed person should consult a local lawyer and discuss in detail the nature of harassment he had to face. This way, the lawyer may suggest protective legal measures or advise on filing a case in the court of law.
Sincerely,
[Your Name]
From India, Delhi
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Protective legal measures can be suggested by the members only if you give a full description of the incidents of harassment, and that too in non-SMS language. You have remained quite non-responsive even to the query of Shri Dinesh Diwekar for the last week. So, how do you expect suggestions for protective legal measures in the absence of the specific nature of the offense? Simply asking him to leave the job in front of all the staff cannot be termed as workplace harassment. You could have mentioned the background as well, explaining why his ex-manager asked him to leave the job. There must be some serious deficiency on his part if the manager has taken such a step.
Workplace harassment is a very generic term; the law comes into play only when a specific crime is identified. Even if your friend's husband files a case in the court of law, stating only that he was harassed by his boss without specifying the nature of the harassment, the case would likely be rejected at the admission stage.
Therefore, if you are not ready to specify the nature of the harassment to support your query, for a generic description of workplace harassment, it can only be suggested that the harassed person should consult a local lawyer and discuss in detail the nature of harassment he had to face. This way, the lawyer may suggest protective legal measures or advise on filing a case in the court of law.
Sincerely,
[Your Name]
From India, Delhi
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Handbook on Sexual Harassment of Women at Workplace.pdf