letticia
Dear HR,
I have been asked by one of the Directors to give a statement about what happened last year September. I had a discussion with him and his wife about the sexual harassment allegations against him(director). My manager advised me to seek guidance from our group HR on the matter, when asked by this director on this he denied it. Now it looks like I made up a story on this. He told me last week Friday that my manager has denied telling me to seek advice. I then told him that whatever happened last year, I take full responsibility on it and apologised about the sexual allegations. I wrote a letter of apology to him which he acknowledged but still insist that he wants a statement where I'm sating I'm taking full responsibility of everything that happened last year.
Please advise.

From South Africa, Johannesburg
nathrao
3131

What type of allegation did you make?
Was it based on what you have seen or had experienced personally?
What and why is a letter of apology given??
The problem is not clear.
Please write clearly about the problem and what help you require from forum members??

From India, Pune
letticia
It was a sexual harassment that I experienced personally. I gave him a letter of apology as I did apologise in person and he wanted me to also give it in writing. He now wants me to write a statement because he says my manager never told me to consult with group HR which means I'm lying. I feel being victimised for speaking up about the sexual harassment.
From South Africa, Johannesburg
nathrao
3131

It is still not clear -who did the act of harassment? One gives an apology only if her/his statement/allegations are false.
From India, Pune
saswatabanerjee
2383

Your apology was a mistake.
Giving q letter in writing was a bigger mistake.
However, even now, you can take up the matter of complain with the internal complains committee under POSH act.
If there is no committee formed, then you can go to the district complains committee. Further, there is a mechanism under the act for penalising the company for not forming the committee.
You should not give any statement on this matter.
You need to speak to a lawyer or an NGO specialising on sexual harassment to help on this. Because otherwise your work life will be a miserable one and in any future background check, they will be fully qualified to show to your new employer that you are a trouble maker. Your own letter is proof of that.

From India, Mumbai
Adoni Suguresh
150

Dear contributing members,
This is not a fit case falling within the purview of the HR management or any labour laws to give our any expert opinion or advise in the matter as I find the matter raised by the querist is of personal nature and not of any Personnel Management, Industrial law or HR Management. The matter is also not clear as stated by Mr.Rao and Mr.Banerjee. It is a case of civil matter to be dealt with the advocate. If I am wrong in my opinion please correct me.
Adoni Suguresh
Labour Laws Consultant

From India, Bidar
Aditi Jain, Delhi
22

You must meet subject matter expert on sexual harassment before doing anything now. do not give any statement or anything on writing before consulting them. You may even hire a lawyer or take a legal advice on this.
From India, Gurgaon
psdhingra
387

If sexual harassment actually happened, your apology and statement of taking full responibility can be misused by your superiors as a tool for future and you can be treated as habitual of making false complaints, if any incident happens in future also. So, think at least ten times before giving any such statement.
From India, Delhi
tajsateesh
1637

Hello Adoni Suguresh,

I am not sure of the way you viewed this episode.

Your line "..........as I find the matter raised by the querist is of personal nature................" is surely TRUE/CORRECT UNTIL it remained between Letticia, the Director & his wife.

The moment the Manager & the HR guy intervened [as per Letticia's summary], it has already become an official issue. And the fact she has been asked for verbal & written apologies only escalates the issue towards officialese.

Also, though it's not clear from the posting, the situation 'seems' to have occurred within the confines of the office....which, if true, makes it another reason to become official.

@ Letticia--

While concurring with Nathrao & Saswata Banerjee on the precautions you need to take as well as the action-plan for the next step, I STILL think there are holes in the details you mentioned.

When the incident happened last September--4-5 months ago--why is this being raked-up NOW?

What happened in the intervening period?

While it's surely understandable that not everyone has the guts to take a firm stand in such issues....especially when top officials are involved, it also doesn't mean that one has to meekly submit. The only consequence of such an action....like your's....would be that you have given them a stick to beat you with--@ THEIR choice of time & place.

Consult any lawyer friend.....who doesn't try to grab this as another chance to make money.....OR, still better, would be to approach any NGO.

All the Best.

Rgds,

TS

From India, Hyderabad
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