Blamed for an harassment case - what should I do? - CiteHR
Saswatabanerjee
Partner - Risk Management
Ashoknegidi
Training Operations - Csr
Subbarao.nv
Presently Working As Dy Manager Hr &
Cite Contribution
Community Manager
Nashbramhall
Learning & Teaching Fellow (retired)
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
Harsh Shukla
Ceo And Md Of 3 Uk Based Mnc's

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In an office party, the HR says i had misbehaved with a girl, while i know no incident of such a kind had happened and my other colleagues who were with me from the start till the end are a witness of the same. But, the HR is just not ready to listen either to me or to my witness and it seems to me as if they are forcing me to accept the crime. My concern is not the job now, but i want to prove that i can correct as this is the question of my ethical and moral values. Please help me as to how can i proceed?
Pls go and take help from your manager otherwse your reporting boss.
This appears to be an act of "workplace bullying".
Such wild allegations can not be made. You have a right to know about the specific complaint and the complainant.
It has to conveyed to you in writing.
As long as you have sufficient witness vouching for you and who can testify your innocence and non-involvement, there is nothing to worry. Such loose and random actions just speaks about the culture and standard of the company; nothing more.
Warm regards.

Dear Mr. Disach,
The term "Workplace Bullying" was rightly used by Raj Kumar ji. Many a times people fall under such false accusations at work and they wonder how to get out or prove such wrongful statements. One of the biggest mistake "the accused" does is upon hearing such a blame they get upset and lose temper.
Yes, your point in gathering plentiful evidence is most required. If the HR gets you in coerce; you may approach your other management level personnel until you are proved accurate. You may also put across a point to check your records while you were in tenure with such company. A group meeting -- the HR, couple of other people from management, the girl (victim) and you (the accused) would require to assemble and record the show aptly, which might come-out with the facts along with substantiations to run the show.
P.S: My only suggestion to you is do not panic. Lose of nerve will throw somebody into disarray.

Hi Disach,
Raj and Sharmila have given good advice.
I would only add that if your company has a grievance procedure
You instigate it immediately, citing false and malicious accusation.
It is for HR and the girl to prove, not you.
Hope the above helps,
Regards,
Harsh

Why have you been framed into it ? If there were others with you when the incident took place, why weren't they booked ?
We understand settling personal scores. However, framing harassment is the worst form, as the investigation and the stigma involved, is too big for any woman to take.
An event seem small when it happens , hence neglected. Even though it may have multiple repercussions later.
A casual eve teasing , snow balls into an emotional torture, in no time. Any situation can run out of the hands , even without you doing anything.
Before you plan your course of action, please weigh all the factors that stand against you. Guilty or not, is the prerogative of the officials to judge. You remain clear of the actions and intentions.

Dear Member, ASK THE GIRL TO GIVE A LETTER TO CONCERNED HR AND KEEP A COPY OF THE SAME WITH YOU.
Normally, only one side of the case is presented here. The advice or suggestions we provide will be based on what is presented to us. However, like a honest judge, unless and otherwise the inputs are free, fair and frank, our opinion will be lopsided. Never go by what we have suggested. Please touch your heart and confirm that you have really been fair in presenting the true facts here.
In any organisations, it is possible a few may be indulging in bullying but I dont think the whole bunch of employees will be out against you with the knives drawn ! Hence we need to receive inputs from both sides !
Best wishes

This is an interesting case, that people have been predicting will happen with the new laws to protect women from harassment.
Your company and HR is required to follow the law on prevention of sexual harassment,
The question is whether they are following the law.
- has a complained been filed (oral or written) ?
- or is Hr acting on heresay
- Has HR initiated an investigation or presented it before the ICC under the act for investigation ?
- have you been given a chance to explain the incident (or to present your witness) ? It is required under the rules of natural justice
If this has not been done, then you can file a complain with the grevience authority in the company against the actions of your HR and ask them to investigate the matter and allow you to present your evidence.

Dear Friend

It is not HR department to initiate sexual harassement case but the victim of the harassment. If HR department issue any notice, ask for an attested copy of the written complaint received from complainant. A written complaint is mandatory. If there is indeed any written complaint at all, all you can do is to get statement from all your collegues with you during the time in question that they were with you and did not notice any such incident and the women in question was not nearby etc. In any case, if there is a written complaint from a lady, such complaint will get higher acceptability and HR will have to appoint a senior lady official in your company to investigate the matter.

While the law against sexual harassment is welcome there is a flip side to it. The law can be misused by any one including unions representing the women employee or even your boxes who could coerce a lady to make a complaint to get rid of some one. Women employees can even use this as a weapon against their own bosses if there is any action against indiscipline, late coming or poor performance by a women. As a result, I am afraid, many employers will be reluctant to employ women in future. I know many officers in government department reluctant to have a women secretary or avoid women employees coming to their chambers, because of several false complaints by women or on their inducement by their union against the officers for reason other than sexual harassment.

I will not be surprised to see that a law that is meant to protect women in workplace could end up with reduced opportunity for women in private employment and total avoidance of working women in government sector. That will be a sad day.

O. Abdul Hameed

Formerly Addl.Commissioner

ESIC


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