“What If Internal Committee's Presiding Officer Reports Sexual Harassment Complaint against her Superior" ?

 “What If Internal Committee's Presiding Officer Reports Sexual Harassment Complaint against her Superior"?


An Employee nominated as Presiding Officer of the Internal Committee constituted at her Workplace, for a Term Tenure of Three (03) years with effect from 1st September 2022, verbally reported to her Superior, the Managing Director of the Workplace Establishment; about the Sexual Harassments she was subjected to by her Colleague who was quite Senior in Service;


The Managing Director patiently listened to the Aggrieved Woman-Complainant and asked her / requested her to File / Submit immediately her aforesaid Complaint in writing with the Dates, Time, the Place of occurrences of the alleged acts, behaviors, conduct, and deed of  Sexual Harassments towards herself, but she expressed her Unwillingness to submit her Written Complaints despite the MD informing her of the necessity of filing/ lodging her SH Complaints, in writing sufficiently precisely and or also described to her some consequences of not filing her Written SH Complaints; Despite the advice, she continued to contend that she was unwilling to submit her SH Complaints in writing for reasons best known to herself;

The Managing Director sought the assistance of the Presiding Officer and other Two Employee-Members of the InternalCommittee at h their Workplace Establishment, but in vain;


In such circumstances, what appropriate Action-Steps need to be taken by the Managing Director  /Employer of the said Workplace under the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 and the Rules framed thereunder and since gazetted on 9.12.2013?


The identity of the Aggrieved Woman Complainant and that of the Colleague against whom the verbal Complaint was reported must not be made known to anyone. 

As the Member (External) nominated on the Internal Committees, I made up my mind as to “How” the Employer and the Internal Committee ought to proceed in such a case/situation, yet for my better understanding and or validation I seek Advice, Counsel, Opinion, Suggestion from those who are Law-bound to faithfully and properly implement Laws relating to Sexual Harassment at Workplace.


I earnestly seek Assistance, Help, and Comments from all the Presiding Officers as well as the Employee-Members of all our Internal Committees to  Show a Way out of the above-narrated Imbroglio.  Thanking you all in advance.


Harsh K Sharan, XLRI Alumnus,

Co-Founder Director of Kritarth Consulting Pvt Ltd                                                                           Team of Spl Educators PoSH Mandatory & Reportable Programs;                                         Serving Non-Employee-Member (External); Domestic Inquiry Specialist;                           " Effective Human Relations" Consultant

10th October 2022,  hksharan@kritarth.com// hksharan@gmail.com

Blogger Page:- https://holistichr.blogspot.com //https://holistic-hr.blogspot.com /




 

 

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