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“What should Internal Committees Do if Woman Employee Complainant is Unwilling to attend IC Proceedings in presence of Employee-Respondent?”

When the Internal Committee issued Notice advising the Aggrieved Woman Employee Complainant to attend and participate in the IC Proceedings on a Date, Time and place/Venue (Office Meeting Room), she wrote back to the Internal Committee expressing her Unwillingness to attend scheduled IC Proceedings in presence of Employee-Respondent, although she was On-Duty at her Workplace. This IC had also issued a Notice to the Employee-Respondent advising him to attend the IC Proceedings and avail all reasonable opportunities to defend the allegations of Sexual Harassment levelled against him by aforesaid Woman Employee Complainant in her Written Complaints emailed by her Seven days ago.

Moot Point is; What should Internal Committees Or Employers Do in such a situation?

Any Advice or a Direction or Guidance are Welcome from Subject-matter Experts & HR Mgt Practioners which will

Harsh Kumar Sharan,

Posted on CiteHR on 10.7.20,10.54 am

“What should Internal Committees Do if Woman Employee Complainant is Unwilling to attend IC Proceedings in presence of Employee-Respondent?”

When Internal Committee issued Notice advising the Aggrieved Woman Employee Complainant to attend and participate in the scheduled IC Proceedings, she wrote back to IC expressing her Unwillingness to attend IC Proceedings in presence of Employee-Respondent, although she was On-Duty at her Workplace. This IC had also issued a Notice to the Employee-Respondent advising him to attend the IC Proceedings and avail all reasonable opportunities to defend the allegations of Sexual Harassment levelled against him by aforesaid Woman Employee Complainant in her Written Complaints emailed by her Seven days ago.

Moot Point is, What should Internal Committees Or Employers Do in such a situation?

An Advice or a Direction or Guidance are Welcome from Subject-matter Experts & HR Mgt Practioners will serve as Beacon Light to present and or future IC Members.

Harsh Kumar Sharan,

Kritarth Consulting Spl Educator PoSH Programs,

#allaboutposh #PoshMasters; Kritarth Blog: https://holistichr.blogspot.com/

10.7.2020

From India, Delhi
HI Harsh,
It is the right of the Complainant to not attend an in person meeting with the Respondent. However, cross examination is also a right towards both parties. In this case, the law clearly has stated that IC cannot force the Complainant and instead should receive questions from the Respondent in writing and receive the response on those questions from Complainant in writing and so on.
This is tedious, but this is how it is to be in accordance with the law.
For more information, visit the insights on these topics at www.ungender.in
Regards,
Pallavi Pareek
Founder, www.ungender.in


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