My question is, in our sexual harassment law of the company, it was clearly written that after receiving the reply to the show cause notice, the company will send it to the IC for a hearing. However, the company did not do so. After receiving the reply to the show cause, the company terminated me, even though the case was false. What should I do?
From India, Guwahati
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From India, Guwahati
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Dear Sanjay,
You were issued a show-cause notice on sexual harassment. What were the contents of the notice, and what was your reply? Unless we understand both, it would not be fair on our part to give a reply.
Secondly, what was the instance? When did it happen? Where did it happen? Who were the witnesses? What was your role in the episode? Did the alleged victim give a written application?
At this stage, you can submit the application to the MD of the company and ask for your reinstatement. If the MD does not accede to your request, then per force you will have to approach a suitable lawyer who handles the cases under PoSH.
Thanks,
Dinesh Divekar
From India, Bangalore
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8034You were issued a show-cause notice on sexual harassment. What were the contents of the notice, and what was your reply? Unless we understand both, it would not be fair on our part to give a reply.
Secondly, what was the instance? When did it happen? Where did it happen? Who were the witnesses? What was your role in the episode? Did the alleged victim give a written application?
At this stage, you can submit the application to the MD of the company and ask for your reinstatement. If the MD does not accede to your request, then per force you will have to approach a suitable lawyer who handles the cases under PoSH.
Thanks,
Dinesh Divekar
From India, Bangalore
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Considering the information you included in your post, the employer/head of the establishment where you were employed committed two unlawful acts, namely:
1. Bypassed the Internal Committee at the said establishment; and
2. Violated the principles of natural justice, which include:
a) No one can be a judge in their own case, and
b) Hear the other side.
You can inform the Internal Committee of the said establishment first and initiate lawful action against your unlawful termination.
Kriarth Team of Special Educators, 14th February 2020
From India, Delhi
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1. Bypassed the Internal Committee at the said establishment; and
2. Violated the principles of natural justice, which include:
a) No one can be a judge in their own case, and
b) Hear the other side.
You can inform the Internal Committee of the said establishment first and initiate lawful action against your unlawful termination.
Kriarth Team of Special Educators, 14th February 2020
From India, Delhi
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You can challenge your termination without further delay. The court would decide the fate whether you are guilty or not and whether termination is justified or not.
From India, Mumbai
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From India, Mumbai
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Dear Sir,
Please note that the allegation is from one of the junior employees who claimed that I behaved inappropriately towards him after giving him a drug. It was a same-sex allegation. However, I want to clarify that every day I took a sleeping pill as prescribed by my doctor. On that particular day, I took my medication as usual, but I did not give him any drugs. He took his own medicine. He alleged that I forcefully engaged in inappropriate behavior with him, but I want to emphasize that this incident never occurred.
Upon receiving the complaint, I requested the HR department to conduct medical examinations of both parties, but they remained silent. I later learned that the accuser had visited a private doctor and obtained some reports, which HR did not disclose to me. The HR only mentioned that the company would proceed with medical examinations after receiving my response to the show cause notice. I firmly believe that if the medical examination had been conducted properly, the false nature of the allegation would have been evident.
Subsequently, I received another complaint from a roommate, also from the same department, claiming to have experienced harassment. This second complaint came two months after the initial incident. Despite my hopes for intervention by the Internal Committee (IC), HR decided to terminate my employment citing sexual violence against a male employee.
I am left questioning whether this can be considered a case of sexual assault. Why was the matter not referred to the IC for a fair evaluation and potential justice for me? Can HR terminate me after conducting their own investigation?
Following my complaint to the office, the very next day, the first accuser and one of his colleagues physically attacked me during office hours in front of others. Is this behavior permissible?
I am feeling extremely distressed and have lost my job. I am unsure of what steps to take next. Please advise me on the best course of action.
Thank you.
From India, Guwahati
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Please note that the allegation is from one of the junior employees who claimed that I behaved inappropriately towards him after giving him a drug. It was a same-sex allegation. However, I want to clarify that every day I took a sleeping pill as prescribed by my doctor. On that particular day, I took my medication as usual, but I did not give him any drugs. He took his own medicine. He alleged that I forcefully engaged in inappropriate behavior with him, but I want to emphasize that this incident never occurred.
Upon receiving the complaint, I requested the HR department to conduct medical examinations of both parties, but they remained silent. I later learned that the accuser had visited a private doctor and obtained some reports, which HR did not disclose to me. The HR only mentioned that the company would proceed with medical examinations after receiving my response to the show cause notice. I firmly believe that if the medical examination had been conducted properly, the false nature of the allegation would have been evident.
Subsequently, I received another complaint from a roommate, also from the same department, claiming to have experienced harassment. This second complaint came two months after the initial incident. Despite my hopes for intervention by the Internal Committee (IC), HR decided to terminate my employment citing sexual violence against a male employee.
I am left questioning whether this can be considered a case of sexual assault. Why was the matter not referred to the IC for a fair evaluation and potential justice for me? Can HR terminate me after conducting their own investigation?
Following my complaint to the office, the very next day, the first accuser and one of his colleagues physically attacked me during office hours in front of others. Is this behavior permissible?
I am feeling extremely distressed and have lost my job. I am unsure of what steps to take next. Please advise me on the best course of action.
Thank you.
From India, Guwahati
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Dear friend,
We, the members of the forum, do not know the truth. However, we can only say that your method of termination is illegal as it violates the principles of natural justice.
Given this backdrop, I recommend approaching a lawyer and sending a notice to the employer. Request your reinstatement with immediate effect. If the lawyer's notice is ignored, then you have no choice but to file a suit against your company.
By the way, I suggest making your posts anonymous.
Thanks,
Dinesh Divekar
From India, Bangalore
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We, the members of the forum, do not know the truth. However, we can only say that your method of termination is illegal as it violates the principles of natural justice.
Given this backdrop, I recommend approaching a lawyer and sending a notice to the employer. Request your reinstatement with immediate effect. If the lawyer's notice is ignored, then you have no choice but to file a suit against your company.
By the way, I suggest making your posts anonymous.
Thanks,
Dinesh Divekar
From India, Bangalore
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Upon reviewing your input, here are the corrections and adjustments made for clarity:
Revisited your First Post dated 13.2.2020 to which you Clarified on 14.2.2020. Subsequently, in your Second Post dated 22 Feb 2020, you provided Facts which you had withheld in your First Post.
Please note that Internal Committees can deal with Sexual Harassment complaints from aggrieved women, not from male complainants.
Aggrieved Male,
Kritarth Team
3.7.2020
From India, Delhi
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Revisited your First Post dated 13.2.2020 to which you Clarified on 14.2.2020. Subsequently, in your Second Post dated 22 Feb 2020, you provided Facts which you had withheld in your First Post.
Please note that Internal Committees can deal with Sexual Harassment complaints from aggrieved women, not from male complainants.
Aggrieved Male,
Kritarth Team
3.7.2020
From India, Delhi
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Dear Sanjay,
Yes, an employee can only be terminated once an investigation is completed in its due manner as prescribed under the POSH Act of 2013. This can only be executed if the recommendation of the ICC has mentioned this in their report. However, in some unique cases, if an organization has service rules or a higher code of conduct that has incorporated consequences of multiple violations on the same, then management can make the final decision.
For more details on the POSH Act and its implementation, please visit www.ungender.in/blog or subscribe to the year-round learning webinars on www.ungender.in/learn.
Regards,
Ashima Rekhi
Associate Sales
Ensuring Diversity and Inclusivity through Legal Compliance at Ungender.in
Ph: 9592609269
From India, Kharar
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Yes, an employee can only be terminated once an investigation is completed in its due manner as prescribed under the POSH Act of 2013. This can only be executed if the recommendation of the ICC has mentioned this in their report. However, in some unique cases, if an organization has service rules or a higher code of conduct that has incorporated consequences of multiple violations on the same, then management can make the final decision.
For more details on the POSH Act and its implementation, please visit www.ungender.in/blog or subscribe to the year-round learning webinars on www.ungender.in/learn.
Regards,
Ashima Rekhi
Associate Sales
Ensuring Diversity and Inclusivity through Legal Compliance at Ungender.in
Ph: 9592609269
From India, Kharar
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