Workplace harassment - suggest protective legal measures? - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Nathrao
Insolvency N Gst Professional
Aussiejohn
Trainer
Indian Woman
Homemaker

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I want a legal advice from you. one of my friends husband has joined a new workplace as a manager. the ex manager has harassed him and asked him to leave the job in front of all the staff. my friends husband has sent mail to company's MD regarding this. they haven't replied to the mail , but actions have been taken regarding the formalities of handling over the job by ex manager, but no action regarding harassment.. i am not blaming company, but my friend is afraid if that ex manager can physically harm her husband, kindly suggest protective legal measures..please..
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Dear friend,

What is happening with your friend's husband is unfortunate. Nevertheless, to provide solution we need little more information.

What is the meaning of ex-Manager? Has this ex-Manager resigned and is on notice period? Is it that this ex-Manager's department has been changed and now he is handing over to the husband of your friend? Why the ex-Manager is abrasive? Is he abrasive only towards friend's husband or he is irascible to all?

Whom the ex-Manager reports to? Why his seniors are silent?

We need to understand the psychology of the ex-Manager. Why is he behaving badly? Is there tacit approval for his behaviour by the top management? Is his long service being rewarded notwithstanding his poor interpersonal skills?

Since you say that your friend's husband has approached MD also but there is no reply from the top office. Therefore, at this stage, your friend's husband needs to generate evidence of the harsh behaviour. Let him do audio recording when the ex-Manager shouts. Normal shouting that happens at workplace cannot be considered as harassment as such however, if ex-Manager abuses then it can become harassment and he might lodge a police complaint. However, this option is fraught with the risks. Your friend's husband is new and he is yet to find feet in the new company. Incensed at the police complaint, they may remove him on some other pretext.

I doubt whether the ex-Manager can cause any physical harm. Logically it appears to be far-fetched. However, there is one more option also to solve this problem. Call me on my mobile and I will explain it on telephone.

Thanks,

Dinesh Divekar


Please tell your friend not to worry unnecessarily.
Report the matter in writing to the MD and carry on with normal duty.
Was the ex manager dismissed from the job or he has just changed his department?
Is there any reason why ex manager is reacting like this?
Was there any prior interaction between these two people earlier?
Please do not post messages in sms language. It is very hard to read.
e.g. friend not frnd
Using correct English helps our members who are trying to learn, and improve their ability to communicate in English.
Thank you.
Ms Indian Woman,

Protective legal measures can be suggested by the members only if you give full description of the incidents of harassment that too in non-SMS language. You have remained quite non-responsive even to the query of Shri Dinesh Diwekar for the last one week. So, how do you expect suggestions for protective legal measures in the absence of some specific nature of offence. Mere asking him to leave the job in front of all the staff cannot be termed as workplace harassment You could have made a mention of the background also why his ex-manager has asked him to leave the job. There must be some serious deficiency on his part, if the manager has asked him to leave the job.

Workplace harassment is a very generic term, while law comes to fore only if crime is specified. Even if your friend's husband files a case in the court of law mentioning only that he was harassed by his boss without pointing out the nature of harassment, the case would surely get rejected even at the admission stage.

So, if not ready to specify the nature of harassment in support of your query, for generic description of workplace harassment, it can only be suggested that the harassed person should consult some local lawyer and discuss in detail about the nature of harassment he had to face, so that the lawyer may suggest him protective legal meansures or to file a case in the court of law.
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