Handling Harassment Allegations: How Should HR Address a Denying Accused Employee?

I am an HR professional in the company, and there is a casual worker who is on contract and has been harassed by an employee of the company who is a regular employee. The accused employee is denying the allegations. Now, what should be the course of action? If we decide to terminate the accused employee, what grounds should be cited for the termination?

Please reply promptly.

Termination as a Last Resort

Courts have said that termination is capital punishment—a death sentence—for an employee, so go easy on that. Will the concerned lady submit a written complaint? Without a written complaint, you can't take any action, let alone termination. The content of the complaint will determine whether it is a case of sexual harassment.

Steps to Take if a Complaint is Filed

If the lady gives a written complaint that amounts to sexual harassment, you can approach the employee and inform him that the company has taken a serious view of the complaint. You may also show him a copy of the complaint and ask the employee to resign, telling him that the company will conduct an inquiry and terminate his services.

Conducting an Inquiry

If he doesn't resign, conduct an inquiry as per the Prevention of Sexual Harassment Act; it is on the same lines as a 'domestic inquiry' under the Standing Orders Act.

Handling Sexual Harassment Allegations in the Workplace

If the Internal Complaints Committee (ICC), as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal Act), is not formed within your organization, report the matter before the committee. Otherwise, immediately form the ICC and report the matter before it, keeping in mind that the formation of ICC is mandatory for all organizations with 10 or more employees.

If your organization's size is less than 10, involve your employer in the matter, explain all the facts to him or her, and let the employer handle the situation.

You cannot terminate the employee without finding them guilty; therefore, an inquiry needs to be conducted in this case.

For further details on the inquiry procedure, formation of ICC, or any legal matters, feel free to call/email me or visit my blog - juristshub.blogspot.com.

Handling Harassment Allegations at the Workplace

Your Query: "I am HR in the company, and there is a casual worker who is on contract being harassed by an employee of the company on the roll. The employee is denying any wrongdoing. What course of action should be taken, and if we decide to terminate the employee, on what grounds should the termination be based? Please reply promptly."

Guidance from Team Kritarth Spl Educator: "Immediately forward the report, even if it was made verbally, along with the Incident Report to be documented by the person to whom she first reported the sexual harassment. Alternatively, submit the written complaint by the aggrieved female employee at the workplace, specifically your company's premises, to the Internal Complaints Committee (ICC) if your employer has established one under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and the rules.

The ICC should initiate proceedings following the principles of natural justice and the prescribed procedures for the internal inquiry. Upon submission of the ICC's report with findings, the employer must take appropriate disciplinary action in line with the company's policies or service rules applicable to the harasser/respondent.

During the ongoing ICC proceedings, ensure that your employer provides protection to the aggrieved female complainant, who is employed or engaged as a casual worker.

Please expedite the necessary actions promptly.

Team Kritarth

Email: [Email Removed For Privacy Reasons]
Website: Home | Kritarth Consulting Private Limited

23rd June 2017 From India, Delhi

29.6.17

Handling a POSH Complaint

Has the employee given a written complaint as mandated by the POSH Act 2013? If the complaint is in writing, then you must forward it to the CC for necessary action. The CC has to conduct a proper inquiry as envisaged by the Act.

If there is no written complaint, you can ask the lady if she wants any assistance in preparing the complaint; the same should be given and documented. If she is unwilling to provide a written complaint, you can call the complainant and respondent separately, listen to their versions, and any evidence they may have. Then, you can independently decide if the incident has occurred or not. The further action will depend on the outcome of all this.