There are at least two aspects in it: 1) sexual affair 2) workplace-related. One more thing to consider is what if both had consensual relationships, whether with an eye on quid pro quo or otherwise.
The Delhi High Court ordered that "any consensual relationship among adults would not be the concern of the management or the internal complaints committee, so long as the said relationship does not affect the working and the discipline of the organization and is not contrary to the rules or code of conduct binding on..."
Link to the article: https://www.deccanherald.com/india/no-wrongdoing-if-sexual-activity-between-consenting-adults-irrespective-of-marital-status-delhi-high-court-3006717
Outside India case analysis: https://www.kingsleykingsley.com/blog/2019/march/what-is-not-considered-workplace-sexual-harassment
A very ticklish matter to deal with for 'internal committees' under POSH.
From India, Bangalore
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1273The Delhi High Court ordered that "any consensual relationship among adults would not be the concern of the management or the internal complaints committee, so long as the said relationship does not affect the working and the discipline of the organization and is not contrary to the rules or code of conduct binding on..."
Link to the article: https://www.deccanherald.com/india/no-wrongdoing-if-sexual-activity-between-consenting-adults-irrespective-of-marital-status-delhi-high-court-3006717
Outside India case analysis: https://www.kingsleykingsley.com/blog/2019/march/what-is-not-considered-workplace-sexual-harassment
A very ticklish matter to deal with for 'internal committees' under POSH.
From India, Bangalore
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Dear colleagues,
Re: Madras High Court's judgment on POSH Act case.
Herewith, I wish to share an article I recently read analyzing the Madras High Court judgment passed on a case involving 'sexual harassment in the workplace,' addressing vital issues such as (i) delay in lodging a complaint by the victim, (ii) procedural technicalities, (iii) cross-examination of victims, witnesses, and other pertinent issues that I consider noteworthy. This judgment could serve as a reference for similar complaints all over the country, especially those hindered by delays in lodging a complaint of sexual harassment, procedural technicalities, and the role of ICC, etc.
An important judgment indeed to tackle many criminals who escape on flimsy grounds - of time-barred/delayed and inadequacies of technicalities, etc.
From India, Bangalore
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Re: Madras High Court's judgment on POSH Act case.
Herewith, I wish to share an article I recently read analyzing the Madras High Court judgment passed on a case involving 'sexual harassment in the workplace,' addressing vital issues such as (i) delay in lodging a complaint by the victim, (ii) procedural technicalities, (iii) cross-examination of victims, witnesses, and other pertinent issues that I consider noteworthy. This judgment could serve as a reference for similar complaints all over the country, especially those hindered by delays in lodging a complaint of sexual harassment, procedural technicalities, and the role of ICC, etc.
An important judgment indeed to tackle many criminals who escape on flimsy grounds - of time-barred/delayed and inadequacies of technicalities, etc.
From India, Bangalore
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Handbook on Sexual Harassment of Women at Workplace.pdf
As passed by LS Sexual Harassment at Workplace Bill 2012.zip