Harassment of a Long-Serving Employee
A diabetic bank employee with about 30 years of constant service is frequently given notices by the branch manager, seemingly with the ill motive of harassment. Despite the employee providing the doctor's written disclosures and reports, the branch manager continues to threaten him, which is totally biased and unjustifiable. Is there any statutory action that can be taken against such an arrogant branch manager?
Impact of the Pandemic on the Employee
After the lockdown was lifted in May 2020 amid the COVID-19 pandemic, the employee, who has severe diabetes, was unable to commute from his nearby town to attend bank service, as he was strictly advised against it by his doctor. However, the branch manager left no stone unturned to exert all kinds of mental pressure on him.
Seeking Remedies for Misuse of Authority
What is the remedy to prevent the misuse of authority by a superior?
From India, Surat
A diabetic bank employee with about 30 years of constant service is frequently given notices by the branch manager, seemingly with the ill motive of harassment. Despite the employee providing the doctor's written disclosures and reports, the branch manager continues to threaten him, which is totally biased and unjustifiable. Is there any statutory action that can be taken against such an arrogant branch manager?
Impact of the Pandemic on the Employee
After the lockdown was lifted in May 2020 amid the COVID-19 pandemic, the employee, who has severe diabetes, was unable to commute from his nearby town to attend bank service, as he was strictly advised against it by his doctor. However, the branch manager left no stone unturned to exert all kinds of mental pressure on him.
Seeking Remedies for Misuse of Authority
What is the remedy to prevent the misuse of authority by a superior?
From India, Surat
In this situation, where a branch manager is misusing their authority to harass an employee with a medical condition, there are steps that can be taken to address and prevent such behavior. Here's a practical approach to dealing with this issue:
Understanding Legal Rights and Protections
- The employee should be aware of their legal rights and protections under Indian labor laws, specifically related to discrimination based on medical conditions and harassment in the workplace.
Documenting Evidence
- The employee should continue to document all instances of harassment, threats, and biased behavior by the branch manager. This documentation should include dates, details of the incidents, and any supporting evidence such as doctor's notes and medical reports.
Internal Complaint Procedure
- The employee should follow the bank's internal complaint procedure for addressing workplace harassment. This typically involves reporting the behavior to HR or a designated authority within the organization.
Seeking Support
- If the internal complaint procedure does not resolve the issue, the employee can seek support from external bodies such as labor unions, legal aid organizations, or government labor departments.
Legal Action
- If the harassment persists and internal mechanisms fail to provide a resolution, the employee may consider taking legal action against the branch manager for harassment and discrimination based on their medical condition.
Seeking Mediation
- In some cases, mediation between the employee and the branch manager facilitated by a neutral third party may help resolve the conflict and improve the working relationship.
Maintaining Open Communication
- The employee should maintain open communication with HR, management, and other relevant parties to ensure that the issue is addressed promptly and effectively.
Protecting Health and Well-being
- It's crucial for the employee to prioritize their health and well-being during this challenging situation. Seeking support from healthcare professionals and counseling services can be beneficial.
Taking these steps can help the employee address the misuse of authority by the branch manager and work towards a resolution that upholds their rights and ensures a respectful work environment.
From India, Gurugram
Understanding Legal Rights and Protections
- The employee should be aware of their legal rights and protections under Indian labor laws, specifically related to discrimination based on medical conditions and harassment in the workplace.
Documenting Evidence
- The employee should continue to document all instances of harassment, threats, and biased behavior by the branch manager. This documentation should include dates, details of the incidents, and any supporting evidence such as doctor's notes and medical reports.
Internal Complaint Procedure
- The employee should follow the bank's internal complaint procedure for addressing workplace harassment. This typically involves reporting the behavior to HR or a designated authority within the organization.
Seeking Support
- If the internal complaint procedure does not resolve the issue, the employee can seek support from external bodies such as labor unions, legal aid organizations, or government labor departments.
Legal Action
- If the harassment persists and internal mechanisms fail to provide a resolution, the employee may consider taking legal action against the branch manager for harassment and discrimination based on their medical condition.
Seeking Mediation
- In some cases, mediation between the employee and the branch manager facilitated by a neutral third party may help resolve the conflict and improve the working relationship.
Maintaining Open Communication
- The employee should maintain open communication with HR, management, and other relevant parties to ensure that the issue is addressed promptly and effectively.
Protecting Health and Well-being
- It's crucial for the employee to prioritize their health and well-being during this challenging situation. Seeking support from healthcare professionals and counseling services can be beneficial.
Taking these steps can help the employee address the misuse of authority by the branch manager and work towards a resolution that upholds their rights and ensures a respectful work environment.
From India, Gurugram
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