In recent times, various High Courts found “faults” with the “Functioning” and “Inquiry Findings” of the ICC (Internal Complaint Committee) in respect of Inquiries conducted by them.
The ICC Inquiry Proceedings and the Inquiry Reports with “Findings” were found to be “violative of the Principles of Natural Justice”, “bad in law” and “perverse”. The High Courts declared such Inquiries and the Findings null and void and set them aside.
What could be the “root cause” of such “failures” / “lapses”? Why would the ICC Members err? Why error of judgment on the part of the ICC Members?
Wherever and whenever the ICC Members have not “received” nor “given” proper Training / Proper Learning Opportunities, they made serious mistakes, did err, overlooked and ignored the Inquiry Procedures laid down by the Law.
It is Time now for the Employers to ponder over the “Reasons for such Lapses Failure”.
Find out “Who” is accountable and ought to take responsibility for causing embarrassment?
Employers, please prepare your ICC Members to discharge their Duties, in Letter and Spirit, properly and faithfully without any “Arbitrariness”. That is why their Training is Legally Compulsory (Section 19).
Realize that these Verdicts are not just “advisories” or “Reminders” or “adverse critical comments” or “Unwelcome Bad Remarks” on the concerned ICCs, only.
They speak volumes about “lack of commitment” on the part of few Employers / Heads of Institution in properly and faithfully “Fulfilling their Legal Duties” Listed in Section 19 of the Sexual Harassment of Woman at Workplace (Prevention. Prohibition & Redressal) Act 2013 and specified in the Central Rules framed and gazetted under the Act.
The Employers, themselves, constitute the ICCs by nominating Minimum Three (3) of their own Employees (the 4th Member is a Non-Employee Outsider) so nominated for a period of 3 years and eligible for re-nomination.
After constituting the ICC, Employers are legally bound to organize a) Orientation Program and b) Capacity & Skills Building Program for the ICC Members so that they can become “Capable” and “Competent” to discharge their 25 Duties, Responsibilities and Role and “Action-Taken” Report must be filed for each Calendar year.
If the Employers are earnestly discharging their Legal Duties, then “What” goes wrong once the ICC conducts the Inquiries? “Why” acts of omission or omission occur? Is it because of poor Training they were given? What is the “remedy”?
The Inquiries conducted by the ICC and their “Findings have to be “full proof”. The Inquiry must be in accordance with the Principles of Natural Justice and the Procedures laid down for such Inquiries by Our Hon Supreme Court
Or else an appeal is preferred and the Judiciary is likely to reject ICC Inquiry Report and the Findings. All this, after Employers/Establishment, incurred huge expenses in terms of Employees’ Time, Efforts and Fees paid to the ICC Member (External).
ICC Members have to be properly trained to do Inquiries also because though they are not legally trained yet the ICC assumes the Powers / Authority of the Civil Courts for the purposes of Inquiry Proceedings and what with that Power?
Another reason is that unless there is an “appeal” against the ICC Findings, the Courts are kept out of admitting Sexual Harassment at Workplace Complaints.
Train ICC to follow the Legal Procedure. Organize Refresher–Course for ICC.
In the Business World, YOUR Goodwill and Good Reputation are key in “Getting More Business” and “Remaining in Business”. So, why not reinforce or enhance your Reputation.
Welcome to Contact the Spl Educators Team For Engaging for ICC Refresher Training Program
Kritarth Consulting Pvt. Ltd
1.6.2017.
From India, Delhi
200The ICC Inquiry Proceedings and the Inquiry Reports with “Findings” were found to be “violative of the Principles of Natural Justice”, “bad in law” and “perverse”. The High Courts declared such Inquiries and the Findings null and void and set them aside.
What could be the “root cause” of such “failures” / “lapses”? Why would the ICC Members err? Why error of judgment on the part of the ICC Members?
Wherever and whenever the ICC Members have not “received” nor “given” proper Training / Proper Learning Opportunities, they made serious mistakes, did err, overlooked and ignored the Inquiry Procedures laid down by the Law.
It is Time now for the Employers to ponder over the “Reasons for such Lapses Failure”.
Find out “Who” is accountable and ought to take responsibility for causing embarrassment?
Employers, please prepare your ICC Members to discharge their Duties, in Letter and Spirit, properly and faithfully without any “Arbitrariness”. That is why their Training is Legally Compulsory (Section 19).
Realize that these Verdicts are not just “advisories” or “Reminders” or “adverse critical comments” or “Unwelcome Bad Remarks” on the concerned ICCs, only.
They speak volumes about “lack of commitment” on the part of few Employers / Heads of Institution in properly and faithfully “Fulfilling their Legal Duties” Listed in Section 19 of the Sexual Harassment of Woman at Workplace (Prevention. Prohibition & Redressal) Act 2013 and specified in the Central Rules framed and gazetted under the Act.
The Employers, themselves, constitute the ICCs by nominating Minimum Three (3) of their own Employees (the 4th Member is a Non-Employee Outsider) so nominated for a period of 3 years and eligible for re-nomination.
After constituting the ICC, Employers are legally bound to organize a) Orientation Program and b) Capacity & Skills Building Program for the ICC Members so that they can become “Capable” and “Competent” to discharge their 25 Duties, Responsibilities and Role and “Action-Taken” Report must be filed for each Calendar year.
If the Employers are earnestly discharging their Legal Duties, then “What” goes wrong once the ICC conducts the Inquiries? “Why” acts of omission or omission occur? Is it because of poor Training they were given? What is the “remedy”?
The Inquiries conducted by the ICC and their “Findings have to be “full proof”. The Inquiry must be in accordance with the Principles of Natural Justice and the Procedures laid down for such Inquiries by Our Hon Supreme Court
Or else an appeal is preferred and the Judiciary is likely to reject ICC Inquiry Report and the Findings. All this, after Employers/Establishment, incurred huge expenses in terms of Employees’ Time, Efforts and Fees paid to the ICC Member (External).
ICC Members have to be properly trained to do Inquiries also because though they are not legally trained yet the ICC assumes the Powers / Authority of the Civil Courts for the purposes of Inquiry Proceedings and what with that Power?
Another reason is that unless there is an “appeal” against the ICC Findings, the Courts are kept out of admitting Sexual Harassment at Workplace Complaints.
Train ICC to follow the Legal Procedure. Organize Refresher–Course for ICC.
In the Business World, YOUR Goodwill and Good Reputation are key in “Getting More Business” and “Remaining in Business”. So, why not reinforce or enhance your Reputation.
Welcome to Contact the Spl Educators Team For Engaging for ICC Refresher Training Program
Kritarth Consulting Pvt. Ltd
1.6.2017.
From India, Delhi
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Sexual harressment at workplace.doc
Handbook on Sexual Harassment of Women at Workplace.pdf