Navigating a Sexual Harassment Complaint: What Actions Might My Brother's Company Take?

My brother is working in a limited company in India. The nature of his job is white-collar (office-based only). His female colleague, who has worked closely with him for the past 2.5 years, filed a complaint against him with HR, stating that he has abused her. The committee investigated the matter and concluded it as a case of sexual harassment, resulting in his immediate placement on leave. This incident occurred almost 2 months ago, and since then, there has been no written or oral communication regarding any actions taken against him.

In the meantime, the company declared annual increments for all employees, but my brother did not receive any raise. Despite sending emails to HR inquiring about his employment status, he has not received any response. He is concerned about the possibility of his 4+ years of excellent service with the organization being terminated.

Advice Needed on Potential Company Actions

Could you kindly advise on the potential actions the company might take? What steps should we consider taking in this situation?

Owing to the grave sensitivity of the matter, I would recommend you approach a practicing lawyer as soon as possible. As initial advice, the organization may be buying time to ease off steam. Regardless of whether such an instance happened or not, once it comes to light, it will bring disrepute to the company, and they will be severely affected. Approach a good practicing lawyer immediately and chart out the way out of this instead of waiting for other advice. The career of your brother is at grave risk.

Understanding the Sexual Harassment of Women at Workplace Act, 2013

As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, the Internal Complaints Committee has the power to ask the respondent (on whom the complaint is filed) to proceed on leave. However, the inquiry has to be completed within 90 days of the complaint, and the inquiry report should be provided to both the complainant and the respondent.

Conciliation Before Inquiry

Before initiating the inquiry, if the complainant requests conciliation, the Committee should provide an opportunity for conciliation of the matter and record the settlement.

As advised by fellow members, the matter may be sensitive, and if you are innocent, you will have an opportunity to prove yourself. Approach the Management for the resolution of the matter rather than a deadlock.

Regards,
Vasudevan

Thank you, Mr. Vasudevan, for your reply. When asked more about this, my brother is telling me that the language he used is most common in their area, but it has a different meaning in the complainant's location. Hence, the lady felt humiliated and made a complaint.

Before asking him to go on leave, the committee had taken witness reports on whether he used such a word and proved it as well. The statements of both parties were recorded.

To mention that the complainant has received an annual increment along with other employees, and the committee had not given an opportunity for conciliation at all. Hence, please suggest how to start approaching management.

According to this, the inquiry is concluded, and hence the committee has to provide a copy of its report and proposed actions. In this case, a warning would suffice, and no serious action may be taken. The person may approach the HR team personally to resolve the matter.

Employee Increment and Communication with HR

Since the company has stopped the increment of the employee, it is clear that action has been taken. The employee needs to discuss the matter with HR to understand why he has not been informed of the management's decision in this case. Alternatively, he may request a written explanation.

Regards

In spite of repeated calls and emails from our side, HR is not responding. However, my brother has received his full salary for this month as well (second month). He is terribly upset about the way the company is behaving and does not know whether his employment is secure or if he will be terminated. What should he say if a new employer inquires about the acceptance of his resignation letter or his relieving letter? We are unsure about how to proceed further on this matter, especially since his line manager is completely unresponsive and unable to provide any support at this time. Please assist with this serious concern.