Dinesh Divekar
Business Mentor, Consultant And Trainer
Kritarth Consulting
Posh Programs; Hr Management Consultants

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My questiin is..in our sexsual harrasement law of the company it was clearly written that after getting the reply on show cause notice the company will send it to the IC for hearing. But company did not do so..after getting reply on showcause company has terminated me. And yes the case was false. What should I do??
From India, Guwahati
Dear Sanjay,
You were issued a show-cause notice on sexual harassment. What were the contents of the notice and what was your reply? Unless we understand both, it would not be fair on our part to give a reply.
Secondly, what was the instance? When did it happen? Where did it happen? Who were the witnesses? What was your role in the episode? Did the alleged victim give a written application?
At this stage, you can submit the application to the MD of the company and ask for your reinstatement. If the MD does not accede to your request then per force you will have to approach a suitable lawyer who handles the cases under PoSH.
Thanks,
Dinesh Divekar

From India, Bangalore
Considering whatever Information you included in your Post, the Employer/ the Head of the Establishment where you were employed, committed two Unlawful acts namely:-
1. Bypassed the Internal Committee at the said Establishment; and
2. Violated the Principles of Natural Justice which entwine a) No One Can Be a Judge in her/his own
Case and b) Hear the Other Side.
You can inform the IC of the said Establishment, first and initiate Lawful Action againt your Unlawful Termination
Kriarth Team of Spl Educators,
14.2.2020

From India, Delhi
You can challenge your termination without further delay. The court would decide the fate whether you are guilty or not and whether termination is justified or not.
From India, Mumbai
Dear Sir ,
Please note the alligation is from one of the juniour employee and he told after giving him drug I did wrong behaviour with him. Yes it was a same sex alligation. But every day I took sleeping pill according to doctors prescription. That day also I took but I never give him any medicine. He took his medicine own. He told that forcefully I gave my private part into his anus. Dear sir the incident was never happend. After getting the complain copy I told to the HR to take medical of both party but HR remains quite. I became to know that the guy went to a pvt doctor and collect some report. But HR did not tell me that. Hr only said me if the company think company will do the medical after receving my reply on showcause. Sir I was sure if medical was done in proper way the alligation was proved as false.
After receving the First complain I have received a another complain from a guy who also stayed my room. But he tell that he received a vive. Dear sir the both guy is from same department. And the 2nd guy make the complain after 2 months.
My last hope was IC but the HR bypass the IC and terminated me showing the reason that sexsual violence on male employee.
My question is can it be treated as sexsual assault case??
Why they did not send the case to IC from where I might be get justice??
Can HR terminated me after doing investigation by them??
After making complain to the office the very next day the 1st guy and one of his colligue attacked me inside the office in the office hour infront of every body??? Can they do so??
I am very much depressed now and I lost my job.I dont know what to do or not.
Please tell me and suggest me whatn I will do now.

From India, Guwahati
Dear friend,
We the members of the forum do not know the truth. However, we can only say that the your method of termination is illegal. It violates the principles of natural justice.
Against this backdrop, I recommend approaching a lawyer and sending a notice to the employer. Ask for your reinstatement with immediate effect. If the lawyer's notice ignored then you have no choice but to file a suit against your company.
By the way, I recommend you making your posts anonymous.
Thanks,
Dinesh Divekar

From India, Bangalore
Revisted your First Post dated 13.2.2020 to which Clarified on 14.2.2020. Subsequently in uour Second Post dated 22 Feb 2020, you provided Facts which you had withheld in your First Post.
Please note that Internal Committees Can Deal with SH Complainats from Aggrieved Woman not from Male Complainant Aggrived Male
Kritarth Team
3.7.2020

From India, Delhi
Dear Sanjay,
Yes, an employee can only be terminated once an investigation is completed in its due manner as prescribed under the POSH Act, 2013. This also can ONLY be executed if the recommendation of the ICC has mentioned this in their report. However, in some unique cases, if an organization has service rules, or a higher code of conduct that has incorporated consequences of multiple violations on the same, then management can take the higher call. For more details on POSH Act and its implementation, visit www.ungender.in/blog or subscribe to the year round learning webinars on www.ungender.in/learn

Regards
Ashima Rekhi
Associate Sales
Ensuring Diversity and Inclusivity through Legal Compliance at Ungender.in
Ph: 9592609269

From India, Kharar
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