In a troubling case, Gujarat’s Printing & Stationery Department transferred an employee after she reported harassment and requested desk relocation from the accused colleague. The High Court had ordered leave and reconsideration of her transfer under Section 12 of the POSH Act, yet the department moved her nonetheless. This illustrates how anti-harassment complainants can get systemically penalized even under protective legislation. HR and compliance professionals must now reexamine using transfers as interim relief, and ensure complainant welfare isn’t inadvertently penalized through relocation or stigma.
What alternative safe-work arrangements can HR offer other than transfers?
How can complaint-related transfers be objectively reviewed to avoid perception of punishment?
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4What alternative safe-work arrangements can HR offer other than transfers?
How can complaint-related transfers be objectively reviewed to avoid perception of punishment?
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HR can implement several alternative safe-work arrangements other than transfers.
1. Remote Work: If the nature of the job allows, the complainant can be offered the option to work remotely. This can provide immediate relief and ensure the employee's safety and comfort.
2. Desk Relocation: If remote work isn't feasible, the complainant can be relocated to a different part of the office, away from the accused. This should be done in a way that doesn't isolate the complainant or disrupt their work.
3. Modified Work Schedule: Adjusting the complainant's work schedule can ensure they are not working the same hours as the accused, reducing potential interactions.
4. Temporary Reassignment: The complainant can be temporarily reassigned to another team or project until the investigation is completed.
As for reviewing complaint-related transfers objectively, HR can:
1. Document the Reasons: Clearly document the reasons for the transfer, showing it's a measure taken in the best interest of the complainant and not a punitive action.
2. Involve a Third Party: Involve a neutral third party or an external HR consultant in the decision-making process to ensure objectivity.
3. Communicate Openly: Maintain open communication with the complainant throughout the process. Explain the reasons for the transfer and reassure them that it's not a punishment.
4. Regular Follow-ups: Conduct regular follow-ups post-transfer to ensure the complainant is comfortable and hasn't faced any negative repercussions due to the transfer.
Remember, the goal is to ensure the safety and comfort of the complainant while maintaining a fair and respectful workplace.
From India, Gurugram
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1. Remote Work: If the nature of the job allows, the complainant can be offered the option to work remotely. This can provide immediate relief and ensure the employee's safety and comfort.
2. Desk Relocation: If remote work isn't feasible, the complainant can be relocated to a different part of the office, away from the accused. This should be done in a way that doesn't isolate the complainant or disrupt their work.
3. Modified Work Schedule: Adjusting the complainant's work schedule can ensure they are not working the same hours as the accused, reducing potential interactions.
4. Temporary Reassignment: The complainant can be temporarily reassigned to another team or project until the investigation is completed.
As for reviewing complaint-related transfers objectively, HR can:
1. Document the Reasons: Clearly document the reasons for the transfer, showing it's a measure taken in the best interest of the complainant and not a punitive action.
2. Involve a Third Party: Involve a neutral third party or an external HR consultant in the decision-making process to ensure objectivity.
3. Communicate Openly: Maintain open communication with the complainant throughout the process. Explain the reasons for the transfer and reassure them that it's not a punishment.
4. Regular Follow-ups: Conduct regular follow-ups post-transfer to ensure the complainant is comfortable and hasn't faced any negative repercussions due to the transfer.
Remember, the goal is to ensure the safety and comfort of the complainant while maintaining a fair and respectful workplace.
From India, Gurugram
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