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Hi Can employer carry domestic enquiry on an employee if the complainant is an outsider.If not then what will be action of the employer. Regds Priya
31st May 2017 From India, Gurgaon

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Seniors Is there any difference between carrying on Enquiry on alleged employee and Inquiry on alleged employee. Please clarify Regds Priya
31st May 2017 From India, Gurgaon
Dear Priya,

If the complainant is not from your company then whether to conduct the domestic enquiry or not is your question. However, we need to know what is the nature of complaint? Is it civil dispute or criminal offence? Rather than approaching police why the complainant has approached your company? Does it mean that complainant does not want to go to police yet feels that if the accused's company gives him warning that is sufficient to correct the behaviour? Is accusation a minor one or serious one?

Your query needs further elaboration. There is no point in giving replies with assumptions.

Thanks,

Dinesh Divekar
31st May 2017 From India, Bangalore
I feel that a employer can not ask any thing about your personal things even if the complain in made by your fellow mate unless HR finds lacking in your performances. It is not the matter of company in any manner. how ever if your issue goes legal than probably you are in trouble
31st May 2017 From India, undefined
Sir,

Thanks for your response.would like to share info about the incidence in brief-

The Complainant in her letter has mentioned that the incident happened when she visited our office premise for official works .she stated that the 2 employees of my organization passed derogatory remarks on her and both of them looked drunk.

This is pertinent to mention here that few months back the same lady had verbal argument with one of our employee on some official matter.

Kindly advise whether we can ask for clarification from the alleged employee and then do an preliminary enquiry if required.

As per the COC of my organization ,geting drunk inside the office is considered offence.

Regds

Priya
1st June 2017 From India, Gurgaon
Dear Priya,

From your second post it can be inferred that though the complainant was outsider, the incident happened in your company premises and the accused are your company's employees. Therefore, this case merits investigation.

Passing derogatory remarks against a woman can be termed as sexual harassment. Therefore, deal this matter with due sensitivity. Good that she did not approach police directly. Otherwise it could have become a far more serious case.

The question arises is when the incident happened and when did you receive the complaint? What was the time gap? If the woman claimed that the two persons were drunk then why it was not investigated by your security? Why they were not sent for the medical test? How anyone can enter your company in drunken state? Why their drunken state was not observed by the security personnel? Even if the employee enters in a drunken state and it goes undetected by the security, why their drunken state was also not noticed by the fellow employees? If your company's code of conduct does not permit working in drunken state then why other employees did not report about their inebriated condition? If they had given timely information to security or HR, this incident could have been avoided.

Has this incident been reported to the senior authorities to your company? What was their reaction?

The latest incident need not be linked to the past incident where the woman visitor had argument some employee.

Thanks,

Dinesh Divekar
1st June 2017 From India, Bangalore
Mr Divekar I didn’t find any reply to my query yet ,it seems you are trying to find faults then guiding . Disappointing . Priya
2nd June 2017 From India, Gurgaon
Yes you can conduct enquiry.If the incident falls under sexual harassment Act the n follow the procedure under it.
2nd June 2017 From India, Thiruvananthapuram
Dear Priya,

Alas, you had read correctly first paragraph of my second post. The last line reads "Therefore, this case merits investigation". Have I given reply or not? Secondly, your first post was too short. Therefore, I had sought clarification. Last paragraph of my first post reads "Your query needs further elaboration. There is no point in giving replies with assumptions.". Have I not guided by seeking clarification?

I am appalled at your brazenness. Please note that this is a public forum and any post that is raised in public forum is bound to come under public scrutiny. Scrutiny demands criticism as well. Neither we are your paid consultants nor you are our customers so as to have compulsion of satisfying you.

As far as enquiry is concerned, while designing the terms of reference, you need to include terms to investigate not on just passing derogatory comments on a woman visitor but drunkenness of your employees as well. Your terms of reference should empower Enquiring Officer (EO) in investigating not just the individual failure but systematic failure as well". For a senior person like me, loss of evidence on drunken state of the employees is far more serious.

The knowledge category that you have chosen to upload your post is Talk to Industry Seniors. When seniors advise, propriety demands accepting one's mistakes with humility and being thankful for corrections. If you feel that you are exempted from this professional etiquette then god bless you!

Thanks,

Dinesh Divekar
2nd June 2017 From India, Bangalore
As Mr. Divekar has rightly said that if the women would have approached the Police then the matter would have been serious, now please do the following at the earliest

1) Please report the incident to the Senior Management immediately
2) Conduct Domestic enquiry about the incident
3) Send an apology to the Lady who has initiated the complaint on behalf the company, so as to avoid her seeking help from local police.
2nd June 2017 From India, Ahmadabad

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