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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1273I 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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Sexual Harassment.pdf
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