Dinesh Divekar
Business Mentor, Consultant And Trainer
Monica_p
Consultant
Couvery
Consultant
Cnu198126
Advocate
+1 Other

Thread Started by #radhikavats1

One of my friends was working with an MNC in NCR for last 4yrs. Since 2.5yrs her manager was harassing her in all manner including yeliing, disapproving projects, hindering performance, lewd comments, not easily approving leaves/ work from home etc. She complained against him twice to her HR.

One of her DR\'s bought a product through an online portal using her name as a ref error. After a few months, she received complaints against that DR from his team and she took action against him.

Both this manager & her DR, joined hands & allegated that she pressurised her team to invest funds in her husband\'s business, which was this portal.

She explained through detailed documentary evidence but her org did not listen to any of it. While her harassment remained uninvestigated, they gave her a show cause notice & asked her to produce evidences unethically(backdoor). She gave the reply again with documentary evidence but they called her after a week and terminated her.

She was not even given a chance & in the termination letter they said her reply was unsatisfactory. Should not the company reach for further explanation or start with warning letter? What can my friend do to get justice?
5th December 2013 From India, New Delhi
Well, she should reach to the labour office without any delay and explain her situations and register a complain for the same to the labour officer of that area.
5th December 2013 From India, Lucknow
Dear Radhika,

Whatever happened is quite unfortunate. However, there are few things that merit attention.

First and foremost, whatever has happened, it has happened with your friend, not with you. Therefore, you know facts of the case from her and you do not know the viewpoint of the other side.

Secondly, why anyone should bear harassment at the hands of Manager and that too for two and half years? That this happens in MNC is further astonishing.

Thirdly, your friend had complained to HR about this harassment but then what happened further? Did HR just sit on her complaint? Why your friend did not take the complaint to its logical conclusion?

Fourthly, your post has few incoherent points as well. Take for example, "One of her DR\'s bought a product through an online portal using her name as a ref error." Is this work related activity? If yes, then why was it discovered after couple of months and not immediately? If your friend took action against her DR (let me believe the abbreviation stands for Direct Report, though you could have mentioned what DR means) then was she empowered to take action? Did she bring obtain concurrence from her manager for this action? Especially from a manager was had been hostile for 2.5 long years?

Fifthly, what is the meaning of "She explained through detailed documentary evidence but her org did not listen to any of it. While her harassment remained uninvestigated, they gave her a show cause notice & asked her to produce evidences unethically (backdoor)". What is there to produce evidence unethically or through back door?

As previous poster Couvery has recommended to approach the labour lawyer, I also can do the same. This is because the termination of your friend is on show cause notice and not after conducting domestic enquiry. But then does your friend has some finger in the pie as well? Nobody would know this unless we know the view point your friend's manager.

Lastly, there is mismatch in the heading of the post and the main body. This harassment could be interpreted as general harassment and not gender specific.

Ok...

Dinesh V Divekar
5th December 2013 From India, Bangalore
Dear Sir,

I know the details by the day and hence have shared the same. To your point on why did she take this up for two and half years, she tried speaking to her manager, his manager, HR and other sources. She lives in a nuclear family & this job meant a lot to support her financial liabilities. Also, she lost her mother, had medical problems due to this harassment & medical problems with her child due to which she dragged along. It happened in an MNC that too in one which works on HR guidelines for various companies. Not disclosing details for confidentiality.

HR has two complaints open & open complaint closed stating it was not substantiated. Her manager holds a very influential position in the Organization.

Yes its Direct report. She followed protocol in good faith. It was not work related. It was outside work & it was a vacation package. That question of yours is valid that they did not raise anything for 5 months but this question was not asked by the HR of that company.

They asked her to produce evidences about her DR from sources outside the office without the formal way to get information. They asked her to get evidences otherwise since a formal process would mean filing a case of fraud or FIR against that person.

The Domestic enquiry was concluded only for the allegations that her manager and DR made and not the ones my friend raised.

It is gender specific harassment ( not disclosing details for confidentiality) and beyond that was lewd comments, stating that if you do what I say you will never have problems in your career or employment, not approving leaves, yelling in public and personal meetings etc.

Thanks again to everyone who is helping me find answers!
5th December 2013 From India, New Delhi
Dear Radhika, Please ask your friend to go to local labour office and report the same. It may take some time but if she is correct on her part, she will get justice.
5th December 2013 From India, Pune
Hi,
According to me, please file a case in Labour Court .
By reading your case i was expecting the last paragraph, which it was done with one of my client. But, he worked in Club.
If you need any further clarifications and further information please contact me.
J. Srinivas M.s.c. LLM
Advocate
#9676299867
6th December 2013 From India, Hyderabad
Hello Seniors, even I have some problem
I am sharing my problem with all plz guide me,I am working in a private firm(pharma industry)& from 5 th oct 2013 am on medical leave in between the leave my manager asked me for resignation ,he told me that our comp will not give any more leave and there is a incentive scheme for completing the targets for the month of june july 2013 but my manager is not considering my name .Please help me what can I do in this situation
attribution <link outdated-removed> #ixzz2mlTs95wj
7th December 2013 From India, New Delhi
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