Learning Lessons Series from Kritarth Consulting L-1
“Can the Internal Committee Nominate its Presiding Officer?”
As an External Member of many Internal Committee PAN India, I come across strange or unusual Action-Steps taken by few Internal Committees. One case is undermentioned:-
Case:-The Presiding Officer, herself, was the Aggrieved-Woman-Employee Complainant. She filed a Sexual Harassment Complaint against her Superior addressed to her Employer and sent a Copy addressed to Internal Committee.
The other remaining Members including the Member (External) of this Internal Committee convened a Meeting to “Review” the situation and “Decided to nominate one from amongst them as the new IC Presiding Officer” and soon commenced their IC Inquiry Proceedings. This Internal Committee has since concluded the Inquiry into the above mentioned SH Complaint.
The Point/ Question is “Whether the Internal Committee Members are legally authorized to nominate their Presiding Officer when the Presiding Officer happens to be the Complainant???
Kritarth Team Welcomes Views, Opinions or Suggestions from our Community Members. Your Valuable Contributions will serve as Lesson for Internal Committee Members- present and prospective, all.
Harsh Kumar Sharan, XLRI Alumnus,
Spl Educator PoSH Programs, Serving Member (External) ICs PAN India
23.6.2020
Kritarth’s Blog: https://holistichr.blogspot.com/
From India, Delhi
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206“Can the Internal Committee Nominate its Presiding Officer?”
As an External Member of many Internal Committee PAN India, I come across strange or unusual Action-Steps taken by few Internal Committees. One case is undermentioned:-
Case:-The Presiding Officer, herself, was the Aggrieved-Woman-Employee Complainant. She filed a Sexual Harassment Complaint against her Superior addressed to her Employer and sent a Copy addressed to Internal Committee.
The other remaining Members including the Member (External) of this Internal Committee convened a Meeting to “Review” the situation and “Decided to nominate one from amongst them as the new IC Presiding Officer” and soon commenced their IC Inquiry Proceedings. This Internal Committee has since concluded the Inquiry into the above mentioned SH Complaint.
The Point/ Question is “Whether the Internal Committee Members are legally authorized to nominate their Presiding Officer when the Presiding Officer happens to be the Complainant???
Kritarth Team Welcomes Views, Opinions or Suggestions from our Community Members. Your Valuable Contributions will serve as Lesson for Internal Committee Members- present and prospective, all.
Harsh Kumar Sharan, XLRI Alumnus,
Spl Educator PoSH Programs, Serving Member (External) ICs PAN India
23.6.2020
Kritarth’s Blog: https://holistichr.blogspot.com/
From India, Delhi
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Dear Harsh Kumar Sharan,
Chapter II, Section 4 deals with the Constitution of the Internal Complaints Committee, which states as follows:
Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee." The committee consists of members, including the Presiding Officer.
It is further stated that the Presiding Officer and every Member of the Committee shall hold office as specified by the employer.
Thus, it is very clear that the employer constitutes the committee.
It is evident that the appointment of the Presiding Officer has to be made by the employer and not by anybody else.
Likewise, the removal of any member, including the Presiding Officer, from the Committee and filling the vacancy so created, or any casual vacancy, shall be done by fresh nomination in accordance with the provisions of Section 4 of the Act.
The committee has no power to appoint or remove any member of the committee, including the Presiding Officer.
From India, Mumbai
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Chapter II, Section 4 deals with the Constitution of the Internal Complaints Committee, which states as follows:
Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee." The committee consists of members, including the Presiding Officer.
It is further stated that the Presiding Officer and every Member of the Committee shall hold office as specified by the employer.
Thus, it is very clear that the employer constitutes the committee.
It is evident that the appointment of the Presiding Officer has to be made by the employer and not by anybody else.
Likewise, the removal of any member, including the Presiding Officer, from the Committee and filling the vacancy so created, or any casual vacancy, shall be done by fresh nomination in accordance with the provisions of Section 4 of the Act.
The committee has no power to appoint or remove any member of the committee, including the Presiding Officer.
From India, Mumbai
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