Learning Lessons Series from Kritarth Consulting Lesson-3
“Can the Internal Committee agree to a request from the complainant to treat the sexual harassment complaint as withdrawn and not proceed with IC proceedings?”
As a serving member (External) of Internal Committees across India, I faced a challenging situation when the aggrieved woman employee complainant informed our Internal Committee Presiding Officer that she was ready to withdraw her sexual harassment written complaint. She stated there was no need for the IC to proceed with her SH complaint filed before her superior. Subsequently, she submitted her written request for the withdrawal of her sexual harassment written complaint.
The question before this Internal Committee was, “What should be done to be fair, just, and proper?”
Please post your insightful guidance which will contribute to the enhancement of knowledge and skills of present and future IC members.
Harsh Kumar Sharan, Member (External)
Spl Educator PoSH Programs, Kritarth Consulting Pvt Ltd
Kritarth Blog: https://holistichr.blogspot.com/
23.6.2020
From India, Delhi
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206“Can the Internal Committee agree to a request from the complainant to treat the sexual harassment complaint as withdrawn and not proceed with IC proceedings?”
As a serving member (External) of Internal Committees across India, I faced a challenging situation when the aggrieved woman employee complainant informed our Internal Committee Presiding Officer that she was ready to withdraw her sexual harassment written complaint. She stated there was no need for the IC to proceed with her SH complaint filed before her superior. Subsequently, she submitted her written request for the withdrawal of her sexual harassment written complaint.
The question before this Internal Committee was, “What should be done to be fair, just, and proper?”
Please post your insightful guidance which will contribute to the enhancement of knowledge and skills of present and future IC members.
Harsh Kumar Sharan, Member (External)
Spl Educator PoSH Programs, Kritarth Consulting Pvt Ltd
Kritarth Blog: https://holistichr.blogspot.com/
23.6.2020
From India, Delhi
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Dear Harsh Kumar Sharan,
I am not an expert, but still, I would suggest you to record in the proceeding the withdrawal of a complaint by the aggrieved woman if the stage of Conciliation under section 10 is over. This recording shall be done with evidence, preferably of the aggrieved woman herself. The committee can conclude the inquiry accordingly and submit the report. This you can very well do where alleged harassment is not serious in nature.
If the conciliation is not over, then you can settle the matter between the aggrieved woman and respondent through conciliation as stated in section 10.
From India, Mumbai
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I am not an expert, but still, I would suggest you to record in the proceeding the withdrawal of a complaint by the aggrieved woman if the stage of Conciliation under section 10 is over. This recording shall be done with evidence, preferably of the aggrieved woman herself. The committee can conclude the inquiry accordingly and submit the report. This you can very well do where alleged harassment is not serious in nature.
If the conciliation is not over, then you can settle the matter between the aggrieved woman and respondent through conciliation as stated in section 10.
From India, Mumbai
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Sexual Harassment Policy.doc