Handling Sexual Harassment Complaints: Should the Accused Be Suspended During Inquiry?

Dear members, In today’s Times of India, there is heart-chilling news. The link to the news is as below: https://timesofindia.indiatimes.com/...w/67186860.cms

A Case Study for HR Professionals

What has happened in Genpact can happen in any other company as well. The news is a good case study for HR professionals, POSH committee members, and trainers who conduct training programs on POSH, etc.

Handling Sexual Harassment Complaints

The news item raises one question: On receipt of a complaint of sexual harassment, should the accused be suspended until the completion of the inquiry? Whatever the legal nuances to this question might be, the news item makes it clear that if the accused is innocent, it becomes difficult for him to face other staff members. While the accused may get acquitted, suspicion in the minds of other staff members cannot be erased.

Instances like this have the potential to create a gender divide, and that is the last thing expected by those who are concerned about the organization’s culture!

Thanks,
Dinesh Divekar

Outcome of Sexual Harassment Allegations at the Workplace

Sad indeed is the outcome of an "allegation" of sexual harassment at the workplace. An appropriate fact-finding investigation/inquiry by the concerned authorities is awaited.

Arising out of such an occurrence/experience, it seems expedient for all of us who are directly or otherwise associated with the proper and faithful implementation/compliance of the provisions of the SHWW (P,P & R) Act 2013, read together with the service rules and standing orders, as the case may be, of the business establishments applicable to them under the applicable statute to, inter alia, ponder over, reflect, revisit, reexamine, reconsider whether the disciplinary action which is contemplated/decided/initiated after applying our mind, in a given situation with available facts and circumstances thereof/connected therewith is "proportionate, adequate, prescribed, just, fair and proper" as well as meets the end of principles of natural justice.

Let all learn to take the right action step right the first time, every time, fairly, faithfully, and properly with a humane touch. The aforementioned view/opinion expressed is based on available information to date, and readers are requested to exercise discretion/due diligence.

Regards, Kritath Team

21.12.18