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stalinb
Dear Rupavathi,

The female employee had not given any written complaint. Anyway its clearly know to other employees that she has raised a complaint against the male employee. So now, there is no more secrecy about the complaint.

Now, my opinion is as below

1. We should never decide on an issue based on one side of the story.

2. It is possible that during the exchange of words, the female staff might have crossed the limit on the belief that "male employee cannot touch me".

3. Except for getting emotional the male employee might not have done anything wrong.

4. The male employee's intention might not be to beat the female employee but just to stop her from shouting the perceived nonsense talk.

So, there could be many hidden facts involved in this case.

Now, what can you do:

1. Call both the employees, talk to them face to face at the same time. There should not be separate talks with them. The reason is, when somebody speak in the presence of an third person/senior, they would behave their-selves and limit the lies.

2. Call a meeting of all employees including the manager and tell them strictly what should they do in future if similar incidence happens in future. Also give them strict warning that they should behave in an unbiased manner and shall not indulge in group politics.

From India, Thana
V. Balaji
100

This needs a thorough investigation. Where is the question of sexual harrassment here? Why people assume SH in this case? See the post carefully. There was a conversation /argument happened between a male and female and culmination of this converstaiont, the male employee attempted to beat her, is what conveyed by Rupavathi.
Person who does SH will not attempt to beat. Then, there must be some other issue which provoked the male employee. I am not justifying the attempt - whether it is male or female. Beating, slapping, hitting, butting, or any physical assault is condemnable.
But, what was the actual issue is what to be found out.
therefore go for thorough scrutiny irrespective of complaint received or no. Only the findings will say what went wrong and you can take appropriate course action after that.
Balaji

From India, Madras
saswatabanerjee
2392

I think the course of action should be as below :

- start a domestic enquiry based on your procedure

- ask both the concerned persons separately and in private of their version of the event

- ask the bm his version, what action he has taken and whynhe did not report it to the management

- ask other persons on the office for their inputs on the incident.

After that, based on what you have found, you need to determine who was at fault (perhaps both). Depending on the seriousness of the action and matter, you need to take appropriate action against the male employee, including dismissal if required. (in case the report was proved false, you need to take action against the female)

The action must be in line with the standing orders or other procedure and definately in proportion to the seriousness of the matter.

If possible, the concerned employee should be Counciled to prevent a recurrence. A sensitising training or a behavorial training of the entire branch may be justified (depends on what budgets you have and your managements attitude to it)

A warning, In the least, must be given to the bm for his inaction and for allowing the matter to spiral to this level

From India, Mumbai
nashbramhall
1624

Dear Rupavathi,

I have taken the liberty to merge all your posts in this thread and edit the merged one to clarify the situation.

"Dear Seniors,

Recently a problem arose in one of our branch. A short conversation took place between one male and female employee; during the conversation the male employee came to beat her. She has given a complaint against the person to the Branch Manager (BM); but it was of no use, as the BM, a male, seems to be not responding to the complait. Now she is facing a tough time in the branch. All male employees are behaving rudely with her and have challenged her that "we will see how u work here from today onward's".

This branch is in another state and it is not under our direct control/observation. The lady employee has given me an oral complaint and has asked me not to inform the male employee concerned about the complaint. I am the HR in the company; the management has asked me to investigate and suggest ways to take action on the person. But I have not found any evidence to issue a warning.



Now please suggest me how I to react to this situation."

I take this opportunity to suggest that we should give complete information while seeking help. This will avoid bloggers assuming things and make statements.

Even the above summary is short of full information. For example, did the male member hit the female staff or just riased his hand as though he would slap her (Not that I condone such an act)? What exactly took place, ie. the words that were exchanged and why that happened? How far is the branch and is there no HR person in that branch? How large is the branch? Has the person given an oral complaint to the BM or a written one? What stops the HR from approaching the BM and asking about what is going on there without disclosing the source of complaint?

From United Kingdom
rupavathi
3

Dear Sir,

Thanks for merging all my posts and making the situation very clear. Next time onward's i will follow the same way.

What exactly happened is.. male employee is sleeping during office hours. After he woke-up, went to take xerox of his documents, which is obstructed by lady, as there is no power and main system is running on UPS . If he take xerox the main system which is connected to head office will be turn-offed, so that the work will be disturbed.

Then both of them exchanged words making it serious. After getting obstructed by her from taking of xerox, he told that he is not having much time to wait until they get power. So she commented him yah you are having time to sleep, but no time to observe whether there is power or not and to wait until power comes.

These words made him to raise his hand for slapping.

Branch where this happened is in Bangalore and we are in AP. Main Branch is located here, there is no HR there. Lady has given oral complaint to BM.

While she discussed this whole scene with me she asked me not to approach the BM. We are having Regional Manager there, so we both discussed about this matter and he called for a meeting yesterday and addressed that strict code of conduct should be maintained in the office. In case if any one fails to maintain the work conduct then strict disciplinary action will be taken.

From India, Kakinada
nashbramhall
1624

Dear Rupavathi,
Sorry for mis-spelling your name; I have corrected that.
Thank you for understanding my viewpoint and also for further clarification of the situation. So, as can be seen this is not a case of Sexual Harassment as thought by some. People do silly things when confronted and get angry. I am sure the person would have reacted in the same manner if he had encountered the situation with a male member. I hope both the members have realised that it is better to respond rather than react.
I suggest that you view Happiness is a creative force & bitterness is a distructive force @ Auckland 2009 - YouTube and also advise the female member to view this and other video presentations of the Swami. It may help her to respond next time rather than react.
Final questions, what is the rank of the two members involved in the altercation? Is it the female's job to look after the copier?

From United Kingdom
rupavathi
3

Female Employee is Back Office Executive, she looks after all works in office. Male is Marketing Executive.
From India, Kakinada
saswatabanerjee
2392

I think the lady is quiet right in stopping the person from using the photocopier if it is going to cut off the system connected with the HO. Her comment is also correct. I assume your management does not approve of someone sleeping on the job. The marketing executive is definitely in the wrong and needs to be disciplined.

The management needs to take a strong view of such behavior and put a stop to it. The Regional Manager has taken the right step. However, he needs to reprimand the Business Manager also.

You will need to record the event and issue a formal warning to the Marketing Executive and the Business Manager to ensure this does not happen. You also need to record the process and findings of the domestic enquiry. It would also be a good idea for the Marketing Executive to give a written apology to HR to keep on record that it has been resolved without prejudice to the concerned lady (note that physical violence or threat of the same towards a woman is a serious criminal offense and you need to have paperwork to show you have taken action to prevent it from recurring)

HR / ER / IR being a sensitive matter, and highly dynamic, depending on the local and other circumstances, there is no single way that is correct / right approach. So what i have outlined and what you will actually follow may be different as you know what ER / IR problems can crop out of your taking or not taking action. Please keep that in mind always

From India, Mumbai
SURESH VENGATHU
1

According to your statement “the male employee came to beat her”. So it is assumed that she was not beaten but suffered insult and probably caused damages to her reputation and in turn it causes difficulty in discharging her assigned duties properly.
If so you have to ask a written complaint from her. (If it is not there you may be in trouble at a later stage )On the basis of that you can ask for a report of the incident from the branch manager. Based on the report and complaint you can ask the male employee’s explanation. After obtaining these you can initiate further action as required. But taking a written explanation itself might had solved the problem

From India, Chandigarh
moiz.bastawalla
25

Dear Rupavathi,

Harrasment to any employee at work is a crime whether male or female. Further no employee has a right to raise hands on anybody in the office environment. This is a crime whereby the victim has full right to file a NC in neareat police station or write to labour court.

Firstly it is very important to understand the conversation which heated up a personal comment or official and who is guilty, than only steps can be taken.

If the takes are personal than it should be settled out of office and if it involves any official discussion than HR should be involved. This should settle fast as it might hamper productivity of the company.

I is a general tendancy that if the harraser is senior he will never admit his mistake, you may call this attitude from losing from junior as today in India we do not have any professional driven company.

You have further mentioned that even after complain nothing as happen. What does this mean? Generally branch office should be in control of HO and if the matter is escalated to till HO then a action needs to be taken.

If both the employee are highly productive than matter should be resolved very fast or changing their department could be another option.

Regards,

From India, Mumbai
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