Complaints against IC Members by Employee-Respondent
An Employee-Respondent submits written complaints against the Internal Committee Presiding Officer and an external member almost towards the end of the proceedings. The allegations include: i) the Presiding Officer being reticent during most of the ongoing inquiry into sexual harassment complaints falsely leveled against him by a junior colleague; ii) the external member, who is an outsider, usurping IC authority and duties, often preventing him from directly dialoguing with the junior woman employee, thus denying and depriving him of a reasonable opportunity to cross-examine her; and iii) the other two members remaining quiet throughout as spectators.
The IC members have repeatedly requested him to quote instances of prejudice, bias, partiality, or flaws in the ongoing inquiry or not adhering to the laid-down inquiry procedure, to no avail. The IC members suspect that the Employee-Respondent, who holds a very senior position, is using diversionary tactics, hence maligning IC members to hijack the inquiry. The woman complainant vociferously voices her concern that it is a case of Socratic irony and that he is feigning innocence, betraying his real self, and he knows his accusations against IC members are all untrue.
Nevertheless, the Employee-Respondent, in his written complaints to the MD, demands a new IC to complete the ongoing inquiry.
What must the MD or the IC do to sort out the logjam?
Harsh K Sharan, Spl Educator PoSH Programs,
Kritarth Consulting Team,
#allaboutposh #PoshMasters
Kritarth Blog: https://holistichr.blogspot.com/
11.7.20
From India, Delhi
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206An Employee-Respondent submits written complaints against the Internal Committee Presiding Officer and an external member almost towards the end of the proceedings. The allegations include: i) the Presiding Officer being reticent during most of the ongoing inquiry into sexual harassment complaints falsely leveled against him by a junior colleague; ii) the external member, who is an outsider, usurping IC authority and duties, often preventing him from directly dialoguing with the junior woman employee, thus denying and depriving him of a reasonable opportunity to cross-examine her; and iii) the other two members remaining quiet throughout as spectators.
The IC members have repeatedly requested him to quote instances of prejudice, bias, partiality, or flaws in the ongoing inquiry or not adhering to the laid-down inquiry procedure, to no avail. The IC members suspect that the Employee-Respondent, who holds a very senior position, is using diversionary tactics, hence maligning IC members to hijack the inquiry. The woman complainant vociferously voices her concern that it is a case of Socratic irony and that he is feigning innocence, betraying his real self, and he knows his accusations against IC members are all untrue.
Nevertheless, the Employee-Respondent, in his written complaints to the MD, demands a new IC to complete the ongoing inquiry.
What must the MD or the IC do to sort out the logjam?
Harsh K Sharan, Spl Educator PoSH Programs,
Kritarth Consulting Team,
#allaboutposh #PoshMasters
Kritarth Blog: https://holistichr.blogspot.com/
11.7.20
From India, Delhi
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In this scenario, ONLY if the final inquiry report has not been submitted yet, then the committee should be reconstituted, and a fresh inquiry must be conducted. This is best to avoid any future appeals in higher courts. Various cases have gone to high courts on the premise of biased and improper inquiries by the Committee.
For more details, visit the resources we have put together on crucial judgments around this on www.ungender.in. Feel free to reach out for further clarification.
Regards, Pallavi Pareek
www.ungender.in
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For more details, visit the resources we have put together on crucial judgments around this on www.ungender.in. Feel free to reach out for further clarification.
Regards, Pallavi Pareek
www.ungender.in
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Membership of the Internal Complaints Committee.docx