I have been charged with the false sexual harassment by my female manager.
Below are the 2 incidents on which I have been alleged.
Case 1: 11 months ago, I took her inside a meeting room (located at center of floor, having transperent glass doors in the mid day in presence of almost 60-70 employees around to discuss work related issues. I “locked” the door to avoid any disturbance to fellow team mates sitting just outside the door. Intent behind locking the door was to avoid any loud noise reaching outside the meeting room if we get in to any arguments because she is very loud and has no manners. I didn’t want anyone to make fun of that meeting. After that meeting, she went out normally and smiling.
The very same day, I thanked her on the whatsapp for understanding the issues and on which “she responded with a smiley”. I have the screenshots of that.
Here, charges were dropped on me because of the locking the door.
Case 2: Recently, me and my new male manager had a huge fight. In that argument, I abused him. I admit it is not ethical & should not be in place. He has no manners at all and suppress everyone and that day he yelled at me in front of other team members which was an abuse and harassment for me and that’s where the fight started. The female manager I wrote about above has charged me with sexual harassment as I abused in front of her. She was present there & witnessing the entire scenario with her own consent/awareness. I didn’t say anything to her.
The HR called me spontaneously few days back and started threatening me on the name of police, court, metoo movement and asked me to write a statement saying that I understand I have been alleged with sexual harassment charges and asked to apologise for the abuse thing. At that time, due to the way they were talking to me, I could not understand anything and did what they said.
This is a conspiracy to fire me as I never bowed down in front of this corrupt managers.
Please suggest what should I do.
My team members suggested to write an email with whatsapp screenshots about all this to the higher management from both team and HR end and include all the team members and ask the team about if they felt anything like that as they were there. Also, to ask for CCTV footage for that day.
A few team members are willing to respond on the email telling the truth which is against the female manager.
Is this the right way? Please suggest.
From India, New Delhi
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Below are the 2 incidents on which I have been alleged.
Case 1: 11 months ago, I took her inside a meeting room (located at center of floor, having transperent glass doors in the mid day in presence of almost 60-70 employees around to discuss work related issues. I “locked” the door to avoid any disturbance to fellow team mates sitting just outside the door. Intent behind locking the door was to avoid any loud noise reaching outside the meeting room if we get in to any arguments because she is very loud and has no manners. I didn’t want anyone to make fun of that meeting. After that meeting, she went out normally and smiling.
The very same day, I thanked her on the whatsapp for understanding the issues and on which “she responded with a smiley”. I have the screenshots of that.
Here, charges were dropped on me because of the locking the door.
Case 2: Recently, me and my new male manager had a huge fight. In that argument, I abused him. I admit it is not ethical & should not be in place. He has no manners at all and suppress everyone and that day he yelled at me in front of other team members which was an abuse and harassment for me and that’s where the fight started. The female manager I wrote about above has charged me with sexual harassment as I abused in front of her. She was present there & witnessing the entire scenario with her own consent/awareness. I didn’t say anything to her.
The HR called me spontaneously few days back and started threatening me on the name of police, court, metoo movement and asked me to write a statement saying that I understand I have been alleged with sexual harassment charges and asked to apologise for the abuse thing. At that time, due to the way they were talking to me, I could not understand anything and did what they said.
This is a conspiracy to fire me as I never bowed down in front of this corrupt managers.
Please suggest what should I do.
My team members suggested to write an email with whatsapp screenshots about all this to the higher management from both team and HR end and include all the team members and ask the team about if they felt anything like that as they were there. Also, to ask for CCTV footage for that day.
A few team members are willing to respond on the email telling the truth which is against the female manager.
Is this the right way? Please suggest.
From India, New Delhi
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Case 1
Locking the door was wrong. Closing the door could have served the same purpose of avoiding disturbance, etc. Anyway, you have evidence that the lady did not misunderstand the locking of the door.
Case 2
You abused your manager, and it cannot be considered sexual harassment of the witness. Please try to sort out the matter in-house itself. If this is not possible, then seek legal help. Your issue appears to be an interpersonal incompatibility problem resulting in legal issues. What evidence do you have about corrupt managers?
From India, Pune
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3180Locking the door was wrong. Closing the door could have served the same purpose of avoiding disturbance, etc. Anyway, you have evidence that the lady did not misunderstand the locking of the door.
Case 2
You abused your manager, and it cannot be considered sexual harassment of the witness. Please try to sort out the matter in-house itself. If this is not possible, then seek legal help. Your issue appears to be an interpersonal incompatibility problem resulting in legal issues. What evidence do you have about corrupt managers?
From India, Pune
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May be the fellow employees can express their views as how they have harassing by suppressing.
Won’t the biggest corruption evidence be when I email the thread to the higher managment and the team members, and the team members respond against them saying that these are false allegations?
Is it a good idea Emailing higher management and team members because that’s the only way to show my side of evidences which the HR is avoiding?
From India, New Delhi
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Won’t the biggest corruption evidence be when I email the thread to the higher managment and the team members, and the team members respond against them saying that these are false allegations?
Is it a good idea Emailing higher management and team members because that’s the only way to show my side of evidences which the HR is avoiding?
From India, New Delhi
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Dear member,
What has happened to you is quite unfortunate. If your teammates are willing to be witnesses, then I recommend that you submit an application to the Managing Director (MD) of your company requesting a thorough inquiry. In the application, describe the incident but do not mention any material evidence or witnesses.
However, please be aware that you should not solely rely on your teammates to testify before the inquiry officer as witnesses. Often, individuals may commit to something but hesitate to testify when the time comes.
You mentioned observing corruption by the managers. Do you have concrete evidence of their wrongdoing? If so, submit a separate application to inform the MD about the corruption without disclosing the specific evidence you possess.
Thank you,
Dinesh Divekar
From India, Bangalore
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What has happened to you is quite unfortunate. If your teammates are willing to be witnesses, then I recommend that you submit an application to the Managing Director (MD) of your company requesting a thorough inquiry. In the application, describe the incident but do not mention any material evidence or witnesses.
However, please be aware that you should not solely rely on your teammates to testify before the inquiry officer as witnesses. Often, individuals may commit to something but hesitate to testify when the time comes.
You mentioned observing corruption by the managers. Do you have concrete evidence of their wrongdoing? If so, submit a separate application to inform the MD about the corruption without disclosing the specific evidence you possess.
Thank you,
Dinesh Divekar
From India, Bangalore
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Dear Anony,
Indeed, what has happened is very unfortunate. I suggest you go through the guidelines of the POSHAW Act to gain an understanding of the subject.
Case 1 - Help me understand how bolting the door will reduce the noise from going outside? The act of bolting the door to avoid noise from going outside is just silly and lame. And I can't recall seeing a full glass door ever with a lock or a bolt. The only thing that can come to your rescue under such a circumstance is camera recordings, if any, eye witnesses who saw you both in a discussion, and maybe chats if they are relevant.
Cussing at work at a dear colleague is christened as misconduct. Please understand that the office is a controlled environment, and one really needs to keep calm. Yet, however, such an act can't be considered as an act of sexual harassment. While reviewing cases of sexual harassment, the internal committee assesses the nature of the issue and also the impact of the incident on the lady concerned irrespective of the intent of the offender. I think a mere apology is enough to close the case.
In case you are being framed by corrupt managers, you must approach your senior management with proof of corruption. If you don't have proof to substantiate your allegations of corruption, don't even bother wasting the time of your management.
Try to sort the entire thing amicably, make an apology if it works. Do seek professional legal advice if required.
Regards, Rahul
From India, Delhi
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Indeed, what has happened is very unfortunate. I suggest you go through the guidelines of the POSHAW Act to gain an understanding of the subject.
Case 1 - Help me understand how bolting the door will reduce the noise from going outside? The act of bolting the door to avoid noise from going outside is just silly and lame. And I can't recall seeing a full glass door ever with a lock or a bolt. The only thing that can come to your rescue under such a circumstance is camera recordings, if any, eye witnesses who saw you both in a discussion, and maybe chats if they are relevant.
Cussing at work at a dear colleague is christened as misconduct. Please understand that the office is a controlled environment, and one really needs to keep calm. Yet, however, such an act can't be considered as an act of sexual harassment. While reviewing cases of sexual harassment, the internal committee assesses the nature of the issue and also the impact of the incident on the lady concerned irrespective of the intent of the offender. I think a mere apology is enough to close the case.
In case you are being framed by corrupt managers, you must approach your senior management with proof of corruption. If you don't have proof to substantiate your allegations of corruption, don't even bother wasting the time of your management.
Try to sort the entire thing amicably, make an apology if it works. Do seek professional legal advice if required.
Regards, Rahul
From India, Delhi
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Dear Anonymous If you are confident of your innocence let te inquiry be conducted by Internal Complaint Complaint Committee under POSH. Shailesh Parikh 99 98 97 10 65 Vadodara
From India, Mumbai
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From India, Mumbai
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Locking the door is an issue you should have avoided. Again, as per your female manager, she is very loud, and the male manager does not have manners. So you had a negative feeling towards both of them. First, remove your mindset about them and approach. You may get better results.
From India, Bhubaneswar
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From India, Bhubaneswar
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Dear colleague,
In both instances, I see no acts of sexual harassment committed by you. The act of just locking the door for a meeting with your female manager in full view of many teammates neither amounts to sexual harassment nor abusing another male manager in the presence of a female manager who is just a witness to it.
However, your abusive behavior towards the manager amounts to misconduct if you are a workman under the Standing Orders Act, provided the Act applies to your establishment.
You mentioned being falsely charged with sexual harassment. What does this mean? Have you been given the charge sheet, or has she filed a complaint to the internal committee under the POSH Act? In either case, you should deny the charges and face the inquiry. I am sure you will come out clean as you have committed no acts of sexual harassment. It would be advisable to consult a labor lawyer to present your case in the inquiry.
Regarding your written apology, you should state on record that the admission was extracted from you under threat and coercion, and whatever is stated therein is not true.
Remember, you can label some managers as corrupt only if you have reliable evidence in your possession.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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In both instances, I see no acts of sexual harassment committed by you. The act of just locking the door for a meeting with your female manager in full view of many teammates neither amounts to sexual harassment nor abusing another male manager in the presence of a female manager who is just a witness to it.
However, your abusive behavior towards the manager amounts to misconduct if you are a workman under the Standing Orders Act, provided the Act applies to your establishment.
You mentioned being falsely charged with sexual harassment. What does this mean? Have you been given the charge sheet, or has she filed a complaint to the internal committee under the POSH Act? In either case, you should deny the charges and face the inquiry. I am sure you will come out clean as you have committed no acts of sexual harassment. It would be advisable to consult a labor lawyer to present your case in the inquiry.
Regarding your written apology, you should state on record that the admission was extracted from you under threat and coercion, and whatever is stated therein is not true.
Remember, you can label some managers as corrupt only if you have reliable evidence in your possession.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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Hi,
So, I dropped an email with all the details and screeshots to the too management and the team. I got 4 responses in my favour out which 2 responses were recalled as the employees were threatened by my managers. Still 2 responses are there, 1 of a female employee and 1 of a senior employee at my position.
The lady who put the blames gave me a missed vid call on this Saturday after that incident. Don’t know the reason but I have that screesnshot too now.
Please tell me your point of view on this.
From India, New Delhi
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So, I dropped an email with all the details and screeshots to the too management and the team. I got 4 responses in my favour out which 2 responses were recalled as the employees were threatened by my managers. Still 2 responses are there, 1 of a female employee and 1 of a senior employee at my position.
The lady who put the blames gave me a missed vid call on this Saturday after that incident. Don’t know the reason but I have that screesnshot too now.
Please tell me your point of view on this.
From India, New Delhi
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Dear Colleague, Can’t give any views as the essential contents of your mail and replies are not shared by you. Regards, Vinayak Nagarkar HR- Consultant
From India, Mumbai
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From India, Mumbai
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Dear friend,
I may add to what has been said so far:
1) Do you have any information like this or something of this sort in the past involving these two people? If yes, those incidents, tagging them here might help you to save yourself.
2) Was there any written complaint alleging these incidents so far or only oral threats? In which case, is there CCTV footage that could be secured to corroborate your role in the circumstances?
3) What could have been the motives behind these actions? Simple professional jealousy? Apart from the bribery angle, which is difficult to prove with evidence, did you have any conflicts with these people in the past and therefore taking revenge like this?
4) Cussing in the premises is not seen as 'decent office manners,' especially against your seniors. Therefore, if you consider it reasonable, you can even express regret over the second incident.
5) What has been the reputation and rapport of these two in the office and with their seniors? Do you think if you take up your side of the defense escalated to senior management, will it be given due seriousness and judged on merits, or will they possibly take sides as well?
Take the next few steps carefully, considering all these aspects together. Let natural justice prevail. All the best.
From India, Bangalore
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I may add to what has been said so far:
1) Do you have any information like this or something of this sort in the past involving these two people? If yes, those incidents, tagging them here might help you to save yourself.
2) Was there any written complaint alleging these incidents so far or only oral threats? In which case, is there CCTV footage that could be secured to corroborate your role in the circumstances?
3) What could have been the motives behind these actions? Simple professional jealousy? Apart from the bribery angle, which is difficult to prove with evidence, did you have any conflicts with these people in the past and therefore taking revenge like this?
4) Cussing in the premises is not seen as 'decent office manners,' especially against your seniors. Therefore, if you consider it reasonable, you can even express regret over the second incident.
5) What has been the reputation and rapport of these two in the office and with their seniors? Do you think if you take up your side of the defense escalated to senior management, will it be given due seriousness and judged on merits, or will they possibly take sides as well?
Take the next few steps carefully, considering all these aspects together. Let natural justice prevail. All the best.
From India, Bangalore
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Dear Colleagues,
The poster, despite asking to share details, has not bothered to do so. This has resulted in learned members proceeding to give advice based on allegations of sexual harassment. I have already stated that, based on the limited data provided, there are no acts of sexual harassment committed by him. The first incident of merely locking the door for the meeting by no stretch of the imagination amounts to sexual harassment. That matter is closed, and the poster has reliable evidence in this regard. The second incident of abuse also does not amount to sexual harassment, except that it separately constitutes misconduct. If the poster does not provide full information, the learned members may not bother to give views or advice.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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The poster, despite asking to share details, has not bothered to do so. This has resulted in learned members proceeding to give advice based on allegations of sexual harassment. I have already stated that, based on the limited data provided, there are no acts of sexual harassment committed by him. The first incident of merely locking the door for the meeting by no stretch of the imagination amounts to sexual harassment. That matter is closed, and the poster has reliable evidence in this regard. The second incident of abuse also does not amount to sexual harassment, except that it separately constitutes misconduct. If the poster does not provide full information, the learned members may not bother to give views or advice.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Hi Vinayak,
So, a female (junior) and a male colleague (senior) has reverted on my email where
1. I have asked the whole team to respond if they have ever or on that day felt in any way that she was being sh by me or ever. I even asked the team if I have ever sh any other female employee.
2. I have asked the HRs to bring in the cctv footage for that day.
I got replies from them stating that they were present that day and didn’t see anything like that.
1 of them even questioned that if I did sh that lady then how come I was promoted to a higher position where she was the approver.
The female employee has given her feedback that I was very respectful to her when she worked with me. They even said that they can’t relate me to any such activities. And they too demanded a fair investigation.
From India, New Delhi
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So, a female (junior) and a male colleague (senior) has reverted on my email where
1. I have asked the whole team to respond if they have ever or on that day felt in any way that she was being sh by me or ever. I even asked the team if I have ever sh any other female employee.
2. I have asked the HRs to bring in the cctv footage for that day.
I got replies from them stating that they were present that day and didn’t see anything like that.
1 of them even questioned that if I did sh that lady then how come I was promoted to a higher position where she was the approver.
The female employee has given her feedback that I was very respectful to her when she worked with me. They even said that they can’t relate me to any such activities. And they too demanded a fair investigation.
From India, New Delhi
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Dear colleague, I have already stated that you face the enquiry and you will come out clean which is what is unfolding now. Regards, Vinayak Nagarkar HR- Consultant
From India, Mumbai
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From India, Mumbai
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If Incident No.1 attracts the SHWWP Act, then the following provisions will be implied:
• While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation. Even non-traditional workplaces which involve tele-commuting will get covered under this law.[19] [13]
• Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees.
The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days. [13]
• The Complaints Committees have the powers of civil courts for gathering evidence.
• The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
• The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs. 5,000 on the person who has breached confidentiality.
From India, Bangalore
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• While the "workplace" in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation. Even non-traditional workplaces which involve tele-commuting will get covered under this law.[19] [13]
• Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees.
The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days. [13]
• The Complaints Committees have the powers of civil courts for gathering evidence.
• The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
• The inquiry process under the Act should be confidential and the Act lays down a penalty of Rs. 5,000 on the person who has breached confidentiality.
From India, Bangalore
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It will have a huge negative impact on both the organization and the victims involved. It lowers employee morale and hinders their growth. Many times, it leads to post-traumatic stress, and the victims resort to alcohol and drug abuse, which ultimately affects their families too. As for the organization, many times the victims end up suing it. Those million-dollar lawsuits are pretty common nowadays, and companies must be on the lookout to survive.
YourSafeHub is an anonymous reporting board for employees to report hidden problems like bullying in the workplace. It gives workers a means of reporting these sensitive problems without fear and provides the company with a way to manage and resolve them without bias.
From India, Delhi
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YourSafeHub is an anonymous reporting board for employees to report hidden problems like bullying in the workplace. It gives workers a means of reporting these sensitive problems without fear and provides the company with a way to manage and resolve them without bias.
From India, Delhi
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Handbook on Sexual Harassment of Women at Workplace.pdf