How Involved Should HR Be in Legal Cases Against the Organization? Seeking Your Insights

Respectable professionals,

Please advise, as HR professionals, to what extent one can face legal affairs of the organization? If a case is brought against the organization by an employee, are HR personnel required to visit court and consult with a lawyer? Or can another department handle it, such as the medical services department of a hospital? I would appreciate your expert views.

This is the internal matter of your company. We, the members of this forum, are outsiders. We do not know the facts of the case even superficially. If some employee files a suit against the company, then the company is the respondent. In such a case, the owner may tell you to represent the company in court as one of the witnesses. You need to represent your employers to the best of your capacity.

Who is a better person to depose before the court as a witness than your lawyer will decide in consultation with the employer. Generally, lawyers give a brief to their witnesses about the court case a day before.

It appears that you have butterflies in your stomach for your probable appearance in court. Do not be shy of going to the court of law. This is an experience in itself. You will get exposure to the court proceedings. Neither should you show keenness to go to court nor should you be a bundle of nerves!

Thanks,

Dinesh Divekar

Role of HR in Legal Cases

HR departments handle legal cases if there is no separate legal department. Normally, details of the case, documents, etc., will be procured from the concerned department, and a lawyer will represent the company. HR becomes a nodal point for interaction with the lawyer.

When a case is filed against the company, HR will have to make a point-wise reply (paragraph-wise reply). Your lawyer or legal department will look into the legal aspects of the case and represent the company. You should view such cases as learning experiences, do thorough homework about the case, and help your company to win.

Mr. Nathrao has rightly expressed that it is a practice followed in establishments to look after legal matters in the absence of a legal department. Normally, in manufacturing units, there will not be a separate legal department; hence, HR has to take care.

Normally, companies will have Legal Advisors who are specialists in labor matters such as termination, ID, workers' compensation, accident cases, PF, ESI, etc. Company HR should liaise with the Legal Advisors and provide them with all documents and a brief so that when the case comes up in court for a hearing, they are able to defend the company.

As rightly pointed out by learned members Dineshji, HK Mehta, and Nathrao, these situations expose HR to face court cases and learn how to deal with them. HR has to accept such work, although it is legal, and should not shy away but learn the things to enrich one's knowledge of legal procedures to help the company in such times.

Wishing you good luck.

Regards, c.neyimkhan

If you are stationed in Pakistan, I have no first-hand information on practices followed in Pakistan. I can only state what is possible in India. Generally, there are two types of scenarios as far as litigations with employees are concerned. One is initiated by the employer through a Domestic Inquiry, and the second is initiated by employees against the employer, which may lead to court and tribunal proceedings.

Almost all HR-related issues should be handled by the HR Department only. There cannot be occasions where medical services would handle court cases. Even in hospitals, either the HR or Legal Department should handle court cases, possibly by engaging regular practitioners. In larger companies, legal advisers will be appointed to coordinate with advocates representing the employers. Full-time employees, even from the legal fraternity, cannot attend and argue cases in court. Only those registered with the Bar councils of the territory will be granted a practitioner license to represent parties in court. However, HR officials can testify for or against employees as witnesses, submit records, and assist counsels.

Please let me know if you need any further clarification or information.

Best regards,
[Your Name]