[Sexual Harassment-Case Study]
Dear All,
One of my friends lost his job due to false sexual harassment allegations made against him by his own subordinate. This happened because my friend is very strict in his job.
About my friend:
He has been in the HR field for more than 10 years and has achieved good career growth due to his performance. About two years ago, he joined the company and received a promotion with almost a 90% increase in salary during his confirmation. This led to discontent among other employees. He has two female subordinates working under him.
About the subordinate (Say S1):
a. This is her first job, and she joined the company about two to three months prior.
b. She was not diligent in her job, and her learning efforts were poor.
c. He advised her several times to improve her performance.
d. She is unmarried.
About another subordinate (S2):
a. She has prior experience and is skilled at her work.
b. She took his advice positively and improved her performance.
c. She is married.
Issue:
During an employee get-together, S1, S2, and a Security Manager (not my friend) took photographs. S1 informed S2 that she would edit the photo (removing her picture) before sending it to her husband. S2 was upset and complained to the HR Manager (my friend).
An investigation was initiated by my friend. Suddenly, S1 submitted a letter (dated prior to the incident) to the GM of the Unit, alleging that she was sexually harassed by the HR Manager. My friend was pressured to resign but refused, demanding an inquiry. A biased third-party investigation was conducted, and based on the report, he was dismissed. He was not given the chance to cross-examine the accusers, despite presenting evidence, including photographs from other occasions after the alleged incident date. He was even invited to a birthday party by one of the "eye-witnesses."
Before receiving the dismissal order, he informed the Enquiry Officer of additional evidence (emails from the GM to the Operations Head discussing his refusal to resign and whether to terminate him, sent before the inquiry began).
In light of the above, I ask all our HR colleagues for input on the following:
a. The company has a Sexual Harassment Committee as required by law, but no complaint was filed with them, and no inquiry was conducted.
b. Can he pursue legal action, and if so, how?
c. The company has not responded to S2's complaint against S1. This was raised during the inquiry but remained unanswered.
Thank you.
From India, Madras
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2Dear All,
One of my friends lost his job due to false sexual harassment allegations made against him by his own subordinate. This happened because my friend is very strict in his job.
About my friend:
He has been in the HR field for more than 10 years and has achieved good career growth due to his performance. About two years ago, he joined the company and received a promotion with almost a 90% increase in salary during his confirmation. This led to discontent among other employees. He has two female subordinates working under him.
About the subordinate (Say S1):
a. This is her first job, and she joined the company about two to three months prior.
b. She was not diligent in her job, and her learning efforts were poor.
c. He advised her several times to improve her performance.
d. She is unmarried.
About another subordinate (S2):
a. She has prior experience and is skilled at her work.
b. She took his advice positively and improved her performance.
c. She is married.
Issue:
During an employee get-together, S1, S2, and a Security Manager (not my friend) took photographs. S1 informed S2 that she would edit the photo (removing her picture) before sending it to her husband. S2 was upset and complained to the HR Manager (my friend).
An investigation was initiated by my friend. Suddenly, S1 submitted a letter (dated prior to the incident) to the GM of the Unit, alleging that she was sexually harassed by the HR Manager. My friend was pressured to resign but refused, demanding an inquiry. A biased third-party investigation was conducted, and based on the report, he was dismissed. He was not given the chance to cross-examine the accusers, despite presenting evidence, including photographs from other occasions after the alleged incident date. He was even invited to a birthday party by one of the "eye-witnesses."
Before receiving the dismissal order, he informed the Enquiry Officer of additional evidence (emails from the GM to the Operations Head discussing his refusal to resign and whether to terminate him, sent before the inquiry began).
In light of the above, I ask all our HR colleagues for input on the following:
a. The company has a Sexual Harassment Committee as required by law, but no complaint was filed with them, and no inquiry was conducted.
b. Can he pursue legal action, and if so, how?
c. The company has not responded to S2's complaint against S1. This was raised during the inquiry but remained unanswered.
Thank you.
From India, Madras
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Dear friend,
As far as my knowledge goes, the above inquiry has defeated the principles of natural justice. You have a strong case on your side, and you should immediately advise your friend to consult a legal advisor (labor lawyer) and file a case in the labor court. You stand a good chance.
Regards
From India, New Delhi
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As far as my knowledge goes, the above inquiry has defeated the principles of natural justice. You have a strong case on your side, and you should immediately advise your friend to consult a legal advisor (labor lawyer) and file a case in the labor court. You stand a good chance.
Regards
From India, New Delhi
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