In recent times, various High Courts found “faults” with the “Functioning” and “Inquiry Findings” of the ICC (Internal Complaint Committee) in respect of inquiries conducted by them.
The ICC inquiry proceedings and the inquiry reports with “Findings” were found to be “violative of the principles of natural justice,” “bad in law,” and “perverse.” The High Courts declared such inquiries and the findings null and void and set them aside.
Root cause of failures
What could be the “root cause” of such “failures” or “lapses”? Why would the ICC members err? Why is there an error of judgment on the part of the ICC members?
Wherever and whenever the ICC members have not “received” nor “given” proper training or proper learning opportunities, they made serious mistakes, did err, overlooked, and ignored the inquiry procedures laid down by the law.
It is time now for the employers to ponder over the “reasons for such lapses and failures.”
Accountability and responsibility
Find out “who” is accountable and ought to take responsibility for causing embarrassment.
Employers, please prepare your ICC members to discharge their duties, in letter and spirit, properly and faithfully without any “arbitrariness.” That is why their training is legally compulsory (Section 19).
Realize that these verdicts are not just “advisories” or “reminders” or “adverse critical comments” or “unwelcome bad remarks” on the concerned ICCs only.
They speak volumes about the “lack of commitment” on the part of a few employers or heads of institutions in properly and faithfully “fulfilling their legal duties” listed in Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and specified in the central rules framed and gazetted under the Act.
Constituting the ICC
The employers themselves constitute the ICCs by nominating a minimum of three (3) of their own employees (the 4th member is a non-employee outsider) so nominated for a period of 3 years and eligible for re-nomination.
After constituting the ICC, employers are legally bound to organize a) an orientation program and b) a capacity & skills building program for the ICC members so that they can become “capable” and “competent” to discharge their 25 duties, responsibilities, and role, and an “action-taken” report must be filed for each calendar year.
Issues with ICC inquiries
If the employers are earnestly discharging their legal duties, then “what” goes wrong once the ICC conducts the inquiries? “Why” do acts of omission or commission occur? Is it because of poor training they were given? What is the “remedy”?
The inquiries conducted by the ICC and their “findings” have to be “foolproof.” The inquiry must be in accordance with the principles of natural justice and the procedures laid down for such inquiries by our Honorable Supreme Court.
Or else an appeal is preferred, and the judiciary is likely to reject the ICC inquiry report and the findings. All this, after employers/establishments, incurred huge expenses in terms of employees’ time, efforts, and fees paid to the ICC member (external).
Training and legal procedure
ICC members have to be properly trained to conduct inquiries because, although they are not legally trained, the ICC assumes the powers/authority of the civil courts for the purposes of inquiry proceedings. What comes with that power?
Another reason is that unless there is an “appeal” against the ICC findings, the courts are kept out of admitting sexual harassment at workplace complaints.
Train the ICC to follow the legal procedure. Organize a refresher course for the ICC.
In the business world, your goodwill and good reputation are key in “getting more business” and “remaining in business.” So, why not reinforce or enhance your reputation?
Welcome to contact the Spl Educators Team for engaging in the ICC refresher training program.
Regards, Kritarth Consulting Pvt. Ltd
[Email Removed For Privacy Reasons]
1.6.2017.
The ICC inquiry proceedings and the inquiry reports with “Findings” were found to be “violative of the principles of natural justice,” “bad in law,” and “perverse.” The High Courts declared such inquiries and the findings null and void and set them aside.
Root cause of failures
What could be the “root cause” of such “failures” or “lapses”? Why would the ICC members err? Why is there an error of judgment on the part of the ICC members?
Wherever and whenever the ICC members have not “received” nor “given” proper training or proper learning opportunities, they made serious mistakes, did err, overlooked, and ignored the inquiry procedures laid down by the law.
It is time now for the employers to ponder over the “reasons for such lapses and failures.”
Accountability and responsibility
Find out “who” is accountable and ought to take responsibility for causing embarrassment.
Employers, please prepare your ICC members to discharge their duties, in letter and spirit, properly and faithfully without any “arbitrariness.” That is why their training is legally compulsory (Section 19).
Realize that these verdicts are not just “advisories” or “reminders” or “adverse critical comments” or “unwelcome bad remarks” on the concerned ICCs only.
They speak volumes about the “lack of commitment” on the part of a few employers or heads of institutions in properly and faithfully “fulfilling their legal duties” listed in Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 and specified in the central rules framed and gazetted under the Act.
Constituting the ICC
The employers themselves constitute the ICCs by nominating a minimum of three (3) of their own employees (the 4th member is a non-employee outsider) so nominated for a period of 3 years and eligible for re-nomination.
After constituting the ICC, employers are legally bound to organize a) an orientation program and b) a capacity & skills building program for the ICC members so that they can become “capable” and “competent” to discharge their 25 duties, responsibilities, and role, and an “action-taken” report must be filed for each calendar year.
Issues with ICC inquiries
If the employers are earnestly discharging their legal duties, then “what” goes wrong once the ICC conducts the inquiries? “Why” do acts of omission or commission occur? Is it because of poor training they were given? What is the “remedy”?
The inquiries conducted by the ICC and their “findings” have to be “foolproof.” The inquiry must be in accordance with the principles of natural justice and the procedures laid down for such inquiries by our Honorable Supreme Court.
Or else an appeal is preferred, and the judiciary is likely to reject the ICC inquiry report and the findings. All this, after employers/establishments, incurred huge expenses in terms of employees’ time, efforts, and fees paid to the ICC member (external).
Training and legal procedure
ICC members have to be properly trained to conduct inquiries because, although they are not legally trained, the ICC assumes the powers/authority of the civil courts for the purposes of inquiry proceedings. What comes with that power?
Another reason is that unless there is an “appeal” against the ICC findings, the courts are kept out of admitting sexual harassment at workplace complaints.
Train the ICC to follow the legal procedure. Organize a refresher course for the ICC.
In the business world, your goodwill and good reputation are key in “getting more business” and “remaining in business.” So, why not reinforce or enhance your reputation?
Welcome to contact the Spl Educators Team for engaging in the ICC refresher training program.
Regards, Kritarth Consulting Pvt. Ltd
[Email Removed For Privacy Reasons]
1.6.2017.