Agree with suggestions by ED Larena, Ritesh & K. Kulkarni.
Steps should be as -
1) Verify the allegation, unbiased.
2) Depending upon the result, revoke the authorizations, so that culprit should not be able to effect the scene.
3) Give both of them a chance to defend himself/herself. (Using word HER,as at this stage you can not name the accused).
4) DOCUMENT the confession very clearly(on paper / on recording).
5) In any case, this does not seems as Sexual harassment case. Nor of revealing business secrets. Because he has not passed the information outside the company. Please check internal rules & regulations of your company. Does it speak any thing about sharing information among the Colleagues.
6) Charges can be of Business ethics & Code of Conduct only.
7) On this basis with complete evidences & confirmation in hand, the culprit can be TERMINATED.
1Steps should be as -
1) Verify the allegation, unbiased.
2) Depending upon the result, revoke the authorizations, so that culprit should not be able to effect the scene.
3) Give both of them a chance to defend himself/herself. (Using word HER,as at this stage you can not name the accused).
4) DOCUMENT the confession very clearly(on paper / on recording).
5) In any case, this does not seems as Sexual harassment case. Nor of revealing business secrets. Because he has not passed the information outside the company. Please check internal rules & regulations of your company. Does it speak any thing about sharing information among the Colleagues.
6) Charges can be of Business ethics & Code of Conduct only.
7) On this basis with complete evidences & confirmation in hand, the culprit can be TERMINATED.
Please do terminate the employee as per the legal terms & conditions. Any haressement against female needs to counted seriously to uphold the confidence of other employee in the system.
From India, Madurai
From India, Madurai
Dear All,
Thanks a lot for your replies.
Dear Priti
I would like to thank you for your guidance and for providing me plan of action.
I raised this query because one of my Director is in favor of Sales Manager as he is with him from last so many years and in this company also he is from inception . So there is emotional attachment. Before taking any action I have to consider this and have to convince or you can say have to prove that the action is required as per law. When I received 1st complaint and I told employee to give written complaint after that my Director was not happy for receiving written complaint and told me that I am stretching it. He told the Manager to resolve it by convincing employee to take complaint back.
In this case also they have not involved me for 2 days and tried to resolve on their level but when the female was not ready n wanted to give in writing then I was involved. This was just because I follow Labor Laws and Rules & regulations.
Being on Managerial position I also understand that confession on personal discussion between two persons and written confession are two distinct things but just wanted to have seniors opinion as I am not getting support from Management.
Thanks a lot for your guidance.
From India, Mumbai
Thanks a lot for your replies.
Dear Priti
I would like to thank you for your guidance and for providing me plan of action.
I raised this query because one of my Director is in favor of Sales Manager as he is with him from last so many years and in this company also he is from inception . So there is emotional attachment. Before taking any action I have to consider this and have to convince or you can say have to prove that the action is required as per law. When I received 1st complaint and I told employee to give written complaint after that my Director was not happy for receiving written complaint and told me that I am stretching it. He told the Manager to resolve it by convincing employee to take complaint back.
In this case also they have not involved me for 2 days and tried to resolve on their level but when the female was not ready n wanted to give in writing then I was involved. This was just because I follow Labor Laws and Rules & regulations.
Being on Managerial position I also understand that confession on personal discussion between two persons and written confession are two distinct things but just wanted to have seniors opinion as I am not getting support from Management.
Thanks a lot for your guidance.
From India, Mumbai
Dear Anonymous
1. If your intention is to avoid future litigations on the issue by the sales manager then,
2. Get his explanation in writing.
3. Get complaint from the female employee and forward it to Internal Complaints Committee.
4. Initiate a domestic inquiry, treat sexual harassment as a misconduct under the service rules and initiate action for misconduct;
5. Terminate him giving notice period and pay his final settlement.
From India, Vellore
1. If your intention is to avoid future litigations on the issue by the sales manager then,
2. Get his explanation in writing.
3. Get complaint from the female employee and forward it to Internal Complaints Committee.
4. Initiate a domestic inquiry, treat sexual harassment as a misconduct under the service rules and initiate action for misconduct;
5. Terminate him giving notice period and pay his final settlement.
From India, Vellore
There is an interesting aspect to all of this that we seem to have overlooked.
This is a complaint by 2 female employee against a manager, who has the right and power to have them removed from their job.
So, the matter is not necessarily of a mutual consent sexual relationship.
The employees have made written complaints (Though we don't know the contents of the complain)
Can the Comoany actually avoid putting this before the POSH committee ? Wouldn't it have adverse effect on the company and make them liable under the act for suppression of the complaint ? Whether it is an offence or consensual is something the posh committee can decide after investigation and hearing all sides.
Else, it the matter goes to the district committee or becomes a police complaint, the matters can be bad for the directors who will be considered a party
From India, Mumbai
This is a complaint by 2 female employee against a manager, who has the right and power to have them removed from their job.
So, the matter is not necessarily of a mutual consent sexual relationship.
The employees have made written complaints (Though we don't know the contents of the complain)
Can the Comoany actually avoid putting this before the POSH committee ? Wouldn't it have adverse effect on the company and make them liable under the act for suppression of the complaint ? Whether it is an offence or consensual is something the posh committee can decide after investigation and hearing all sides.
Else, it the matter goes to the district committee or becomes a police complaint, the matters can be bad for the directors who will be considered a party
From India, Mumbai
Dear All,
Thanks you for your replies and guidance.
The Sales Manager resigned on his own. But the complainants are saying what if he comes back. As I told you one of our Director is in favor of him and he is out of town so after he comes further process would be done.
Once again Thanks a lot for your guidance and support. I agree with Mr. Banerjee that the matter is not necessarily of a mutual consent sexual relationship as we have received complaints from 2 employees against the same Manager. He is spoiling reputation of the company and creating hostile environment in the office. I wanted to take strict action on him.
I will follow the action plan given by Ms. Priti and Mr. L.K.Saravanan when he would be called by the Director and give chance to defend himself
Thanks & regards.
From India, Mumbai
Thanks you for your replies and guidance.
The Sales Manager resigned on his own. But the complainants are saying what if he comes back. As I told you one of our Director is in favor of him and he is out of town so after he comes further process would be done.
Once again Thanks a lot for your guidance and support. I agree with Mr. Banerjee that the matter is not necessarily of a mutual consent sexual relationship as we have received complaints from 2 employees against the same Manager. He is spoiling reputation of the company and creating hostile environment in the office. I wanted to take strict action on him.
I will follow the action plan given by Ms. Priti and Mr. L.K.Saravanan when he would be called by the Director and give chance to defend himself
Thanks & regards.
From India, Mumbai
Dear , Firstly you need to take his written confession about his work, and that should be in front of respective are police in charge otherwise employee will be able to take legal action with saying that he was in pressure of seniors for writing this otherwise seniors will out him from company. after that company formally make a complaint regarding the actual issue than as per sexual harassment rules you can fired him. but a written complaint required by the both female employees because this is a evidence which will show about your intention of termination.
From India, New Delhi
From India, New Delhi
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