Received a mail from one of my female employees complaining about a few behavioral issues of a male employee towards her like taking all her photographs & CV from her system to his folder on his PC, commenting on what she must or must not wear, how she looks today besides following her to the parking lot. We tried to speak to the male employee but he out rightly denied all allegations. In this case what action can we take – expel him or first just warn him.
Please advice
From India, Mohali
1Please advice
From India, Mohali
Dear Firend,
1:- Do you have sexual harassment policy? If yes, have you acknowledged it to all employees?
2:- Do you have OMBUDSMAN/ Grievance redressal machinery/system? If yes, follow the process.
3:- Do you have standing order/service rule? If yes, follow the same.
4:- As per allegation if "PRIMA FACIE" exists, follow the procedure of domestic enquiry & award punishment as per the findings.
Such complaints should be addressed immediately.
From India, Pune
1:- Do you have sexual harassment policy? If yes, have you acknowledged it to all employees?
2:- Do you have OMBUDSMAN/ Grievance redressal machinery/system? If yes, follow the process.
3:- Do you have standing order/service rule? If yes, follow the same.
4:- As per allegation if "PRIMA FACIE" exists, follow the procedure of domestic enquiry & award punishment as per the findings.
Such complaints should be addressed immediately.
From India, Pune
Yes agree with Mr. 04 , You must take these complaint seriously and resolve as per the process and asap.
In such cases, let us take both the sides.
1. Let us say the female is rightly complaining.
In this case, if we go to the concerned male staff and ask if he was doing anything like that, no one will be accepting the case. This is to be understood. The fear of getting proved guilty and facing the music will not allow the person to agree, and in addition to this, his image, his job etc are also at risk.
What is the solution then?
You will have to keep a close eye on both the people - the female who complained and the male against whom the complain is given.
Check what is done but don't make it evident to either of them that they're under observation.
If your office premises have CCTV camera installed, you can check the recordings and can use them as proofs as well.
You can ask the IT guy to check if data is being transferred from the female's PC to the male's PC and where are those stored.
Have a close watch but act as if you are not concerned in front of them.
In such cases, the normal practice is to first prove guilty and then take action. Unless you have proofs against the person, you can't give him warning letters.
Would appreciate if seniors can endorse their views on this.
From India, Mumbai
1. Let us say the female is rightly complaining.
In this case, if we go to the concerned male staff and ask if he was doing anything like that, no one will be accepting the case. This is to be understood. The fear of getting proved guilty and facing the music will not allow the person to agree, and in addition to this, his image, his job etc are also at risk.
What is the solution then?
You will have to keep a close eye on both the people - the female who complained and the male against whom the complain is given.
Check what is done but don't make it evident to either of them that they're under observation.
If your office premises have CCTV camera installed, you can check the recordings and can use them as proofs as well.
You can ask the IT guy to check if data is being transferred from the female's PC to the male's PC and where are those stored.
Have a close watch but act as if you are not concerned in front of them.
In such cases, the normal practice is to first prove guilty and then take action. Unless you have proofs against the person, you can't give him warning letters.
Would appreciate if seniors can endorse their views on this.
From India, Mumbai
Hi ,
Its a misconduct . First have a proof of the misconduct taken place .
Then refer your standing orders .As per S.O's you can issue him
a memo stating a warning not to repeat the same .
This will be a base for further action if required .
regards
Rajeev
From India, Bangalore
Its a misconduct . First have a proof of the misconduct taken place .
Then refer your standing orders .As per S.O's you can issue him
a memo stating a warning not to repeat the same .
This will be a base for further action if required .
regards
Rajeev
From India, Bangalore
Dear friend,
This is in addition to what Ankita has said. Unauthorised or unwarranted "data transfer" is perfect material evidence, this evidence cannot be used for "harassment" case. However, conduct enquiry for this data transfer and as a punishment remove that employee and put him in some another department. This will send a signal to him.
Inform your security staffs and keep that person under physical surveillance. Sooner that person starts shadowing the woman employee, she can SMS the identified security staff. Security staff can take photographs of his following. These photographs can be used at least for enquiry purposes. Even these photographs also cannot be used as evidence for harassment.
Other members have given suggestions. Come back after 3-4 weeks and confirm how did you handle the situation.
Thanks,
Dinesh V Divekar
From India, Bangalore
This is in addition to what Ankita has said. Unauthorised or unwarranted "data transfer" is perfect material evidence, this evidence cannot be used for "harassment" case. However, conduct enquiry for this data transfer and as a punishment remove that employee and put him in some another department. This will send a signal to him.
Inform your security staffs and keep that person under physical surveillance. Sooner that person starts shadowing the woman employee, she can SMS the identified security staff. Security staff can take photographs of his following. These photographs can be used at least for enquiry purposes. Even these photographs also cannot be used as evidence for harassment.
Other members have given suggestions. Come back after 3-4 weeks and confirm how did you handle the situation.
Thanks,
Dinesh V Divekar
From India, Bangalore
First of all, conduct a domestic enquiry on the complaint.
1. Conduct a confidential enquiry about both the male and female employees who are involved in the issue. There may be hidden points that are not brought to light by both the parties.
2. Gather all the details and summon both the parties to the complaint separately and record both versions.
3. Keep the course of action being taken in the notice of superiors with all records.
4. If evidence is established, then issue a warning letter to the erring employee and if possible post him to a different workplace / department where there is no possibility for him to meet the female employee, so that most of the problem can be solved.
5. If the male employee is persistent, then tell him the matter is being viewed seriously by Management and brief all possible actions taken on him, including dismissal. Take an explanation letter and assurance letter from him that he would not resort to such acts in future.
6. Keep a copy of all records in respective personal files.
From India, Vijayawada
1. Conduct a confidential enquiry about both the male and female employees who are involved in the issue. There may be hidden points that are not brought to light by both the parties.
2. Gather all the details and summon both the parties to the complaint separately and record both versions.
3. Keep the course of action being taken in the notice of superiors with all records.
4. If evidence is established, then issue a warning letter to the erring employee and if possible post him to a different workplace / department where there is no possibility for him to meet the female employee, so that most of the problem can be solved.
5. If the male employee is persistent, then tell him the matter is being viewed seriously by Management and brief all possible actions taken on him, including dismissal. Take an explanation letter and assurance letter from him that he would not resort to such acts in future.
6. Keep a copy of all records in respective personal files.
From India, Vijayawada
Since she has file complain, do take disciplinary action because, this can set up good example of company's seriousness against any kind of harassment occurred.
Make i.t. Dep. To follow/implement its policy in not to enter into other p.c.
Allowing such incidence, can not control required discipline to run any org.
From India, Ahmadabad
Make i.t. Dep. To follow/implement its policy in not to enter into other p.c.
Allowing such incidence, can not control required discipline to run any org.
From India, Ahmadabad
Please tell me why the proof of unauthorised data transfer can not be used in harassment case ? It would prove that the complainant was speaking the truth. Personal photos of any female can not be taken and copied by a male colleague.
From India, Mumbai
From India, Mumbai
Dear Friend.
Get the written complaint from the female employee against that male employee. and issue him a stern warning letter under model standing order ( Section 22). at the earliest. Even though if said male employee keeping the same practice, ask that female employee to lodge the police complaint against him. And on this criminal background employer has the rights to terminate his service from the company.
Regards
Sachin
From India, Pune
Get the written complaint from the female employee against that male employee. and issue him a stern warning letter under model standing order ( Section 22). at the earliest. Even though if said male employee keeping the same practice, ask that female employee to lodge the police complaint against him. And on this criminal background employer has the rights to terminate his service from the company.
Regards
Sachin
From India, Pune
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