Dear
Get an incident report form the Manager (BM) as he is responsible though he is involved. Get an incident report from the lady as well. Give both of them memo stating that, If any repeated actions will transfer any one of them after councilling the seriousness of the crime. If not possible to transfer give again memo. Then inform them directly, if the matter still continue will take to labour court and they have to face the consequences. This should be the actuion as HR. By this time they will become friends and we need not hit our head on the wall.
Best Regards,
John T. Chacko
HR & Personnel Officer
KSA
From Saudi Arabia, Riyadh
1Get an incident report form the Manager (BM) as he is responsible though he is involved. Get an incident report from the lady as well. Give both of them memo stating that, If any repeated actions will transfer any one of them after councilling the seriousness of the crime. If not possible to transfer give again memo. Then inform them directly, if the matter still continue will take to labour court and they have to face the consequences. This should be the actuion as HR. By this time they will become friends and we need not hit our head on the wall.
Best Regards,
John T. Chacko
HR & Personnel Officer
KSA
From Saudi Arabia, Riyadh
If the employees belong to a branch in other state,still you can inform the in-charge of the branch to investigate the matter and give a personal hearing to all concerned.He/she can submit a report, on which you can act as per rules of your organisation.Through counselling also, the issue can be resolved amicably.
From India, Bokaro
From India, Bokaro
Dear Rupavathi,
These are very sensitive cases, may be due to arrogance/attitude of an employee or communication problem between two people.
Don't ever come to a conclusion that male has really harassed when there is no evidence to show. First undestand, what kind of issue it was between these two employees. Was it happened accidentally or he or she was intended to do that? first know from female employee what the reason for quarrel. We should not always think from one point of view, try to know it from other side too. Male or Female, both are equal at work location, they should know their limits. It is not that female is being harassed, so we should act fast and take a decision. Speak to 2 to 3 people from her department and 2 to 3 people from his department. What kind of employee relations they maintain? after carefull analysis if you find the mistake is of male/female, call them personally/Tele conference, let them speak out their problems with each other, the opposite will definitely understand to what extent he/she is right.
Why to treat Male & Female issue as a sexual harassment, until unless she has defined it clearly and the same has been ensured by at least 2 - 3 employees at the same location. Speak to them individually, even if she has mentioned not to let him know that she has given complaint against him. When she was really harassed by him, whey is she so scared? or she is so sensitive, know her completely, and speak to him politely, then submit your findings to the management.
It has to be dealt very carefully as few human beings are very sensitive. If anything happens to male/female, it is going to be effected to the company as well.
From India, Hyderabad
These are very sensitive cases, may be due to arrogance/attitude of an employee or communication problem between two people.
Don't ever come to a conclusion that male has really harassed when there is no evidence to show. First undestand, what kind of issue it was between these two employees. Was it happened accidentally or he or she was intended to do that? first know from female employee what the reason for quarrel. We should not always think from one point of view, try to know it from other side too. Male or Female, both are equal at work location, they should know their limits. It is not that female is being harassed, so we should act fast and take a decision. Speak to 2 to 3 people from her department and 2 to 3 people from his department. What kind of employee relations they maintain? after carefull analysis if you find the mistake is of male/female, call them personally/Tele conference, let them speak out their problems with each other, the opposite will definitely understand to what extent he/she is right.
Why to treat Male & Female issue as a sexual harassment, until unless she has defined it clearly and the same has been ensured by at least 2 - 3 employees at the same location. Speak to them individually, even if she has mentioned not to let him know that she has given complaint against him. When she was really harassed by him, whey is she so scared? or she is so sensitive, know her completely, and speak to him politely, then submit your findings to the management.
It has to be dealt very carefully as few human beings are very sensitive. If anything happens to male/female, it is going to be effected to the company as well.
From India, Hyderabad
Dear Roopwati,
I have been following this case. This case has two ramifications:
1. misconduct of sexual harassment; and
2. misconduct of assaulting an employee within the premises of the establishment.
The person concerned has to be charged for the above two acts of misconduct.
Even if the affected employee has entered into compromise with the assailent the compromise is not valid as there are three parties to the misconduct viz the assailent, the victim and the management in whose premises the acts of misconduct have taken place.
In case the management has any witness, on that basis it can take suomoto cognizance of the act and initiate action accordingly regardless of the fact whether the victim wants to pursue the case or not, with a view to maintain discipline in their premises, failing which be ready to face Maruti-like situation (at the suitable level) in your establishment or lawlessness in the organisation when none will heed the management.
In case you are not the deciding authority, please apprise the concerned of the situation.
In view it is immatured to treat the case closed.
Regards
S.K.Johri
From India, Delhi
I have been following this case. This case has two ramifications:
1. misconduct of sexual harassment; and
2. misconduct of assaulting an employee within the premises of the establishment.
The person concerned has to be charged for the above two acts of misconduct.
Even if the affected employee has entered into compromise with the assailent the compromise is not valid as there are three parties to the misconduct viz the assailent, the victim and the management in whose premises the acts of misconduct have taken place.
In case the management has any witness, on that basis it can take suomoto cognizance of the act and initiate action accordingly regardless of the fact whether the victim wants to pursue the case or not, with a view to maintain discipline in their premises, failing which be ready to face Maruti-like situation (at the suitable level) in your establishment or lawlessness in the organisation when none will heed the management.
In case you are not the deciding authority, please apprise the concerned of the situation.
In view it is immatured to treat the case closed.
Regards
S.K.Johri
From India, Delhi
Hi,
In your mail of july 14 you have mentioned that the employee concerned gave a written complaint to the BM but no use. Please take the complaint and proceed. The misconduct of sexual harassment is of pretty serious nature and can be handled departmentally as well as Mahila Thana.
Please also indicate if a grievance redressal committee for cases of sexual harassment has been worked out and notified, if not please do so immediately. The committee is to headed by the senior lady ofifcer and should have equal number of female/male employees.
Next, forget that the case stands closed by way of compromise or so. Once the complainant has made a written complaint of a misconduct committed within the premises of the company a compromise, if any, arived at between two the ofender and offended against has to get the formal sanction of the management due to the reason that the act is violative of the discipline of the company.
In case you are not able to prevail upon the concerned for taking a suitable disciplinary action on interalia two major acts of misconduct viz quarelling/ fighting with an employee within the co. premises, and causing sexual harassment to a female employee, please apprise the BM or the Head of Plant, as the case may be that the management wil land in a precarious position if the complainant goes either to the labour machinery or the civil authorities (Mahila Thana) and reports the matter that her complaint has not been attended to by the management.
If she chooses to file the case with the Mahila Thana, the wrong doer will straightly be taken into the police custody and probably no bail.
Please remember that under instructions of the Govt. of India sometimes in 90s sexual harassment has been included in the list of acts of misconduct of organisations and the provision of the committe also exists therein.
Action as above, if taken, will save discipline in your organisation.
Regards
S.K.Johri
From India, Delhi
In your mail of july 14 you have mentioned that the employee concerned gave a written complaint to the BM but no use. Please take the complaint and proceed. The misconduct of sexual harassment is of pretty serious nature and can be handled departmentally as well as Mahila Thana.
Please also indicate if a grievance redressal committee for cases of sexual harassment has been worked out and notified, if not please do so immediately. The committee is to headed by the senior lady ofifcer and should have equal number of female/male employees.
Next, forget that the case stands closed by way of compromise or so. Once the complainant has made a written complaint of a misconduct committed within the premises of the company a compromise, if any, arived at between two the ofender and offended against has to get the formal sanction of the management due to the reason that the act is violative of the discipline of the company.
In case you are not able to prevail upon the concerned for taking a suitable disciplinary action on interalia two major acts of misconduct viz quarelling/ fighting with an employee within the co. premises, and causing sexual harassment to a female employee, please apprise the BM or the Head of Plant, as the case may be that the management wil land in a precarious position if the complainant goes either to the labour machinery or the civil authorities (Mahila Thana) and reports the matter that her complaint has not been attended to by the management.
If she chooses to file the case with the Mahila Thana, the wrong doer will straightly be taken into the police custody and probably no bail.
Please remember that under instructions of the Govt. of India sometimes in 90s sexual harassment has been included in the list of acts of misconduct of organisations and the provision of the committe also exists therein.
Action as above, if taken, will save discipline in your organisation.
Regards
S.K.Johri
From India, Delhi
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