Defamation
Jyoti Asher
(Querist) 20 June 2012
This query is : Resolved
I am a junior advocate. I received a case wherein my clients boss put the allegations on him for sexual harrasment and removed him from the company. Facts of the case are as below"
1. my client due to false allegations resigned on his own
2. two days later, he received termination letter issued by operations head thru courier
3. few months back my client had an intercourse with his team member, which was in connivance with my client as well as the lady named M.
4. MY CLIENT was WORKing AS A FACILITY MANAGER IN A RESTAURANT CHAIN. another lady named A, put allegation on my client that he entered the wash room without knocking the door, which is actually true. he did the same to check his team members activities. no client was present that time inside the washroom. he has done this check various times in past.
5. Lady A, complained to my clients boss that he entered the wash room without knocking, hence allegation of sexual harrasment.
Both the ladies complaint against him and he was issued termination letter.
Pl advice. under which section i have to file suit?
SAINATH DEVALLA
(Expert) 20 June 2012
Neha beti,
Your client has committed breach of service rules and regulations of his office by having a physical intimate relationship with his subordinate.The other allegations have developed alongside to substantiate complaint of that Lady "M".
Was notice of termination given?
What were the reasons mentioned?
Was your clients resignation received by the office?If so any ack.
Shonee Kapoor
(Expert) 20 June 2012
No case of defamation made out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 20 June 2012
Filing for defamation is of no use,waste of precious time,challenge the termination under a regular civil suit
Sudhir Kumar, Advocate
(Expert) 21 June 2012
No male under any circumstances has any business to enter wash room of ladies without knocking, This amounts to outraging the modesty of a woman. The management being restaurant did not file FIR against him and they may if you provoke them further.
As long as the allegation is not false no defamation case is made out.
While startingcareer avoid taking cases where you are bound to loose andopposite party has ground fro further retaliationon same subject. People will not refer to deeds of yur client but will say PAHLE TO NAUKARI GAYEE THEE PAR VAKIL AISEE NIKLEE USNE JAIL BHEE BHIJWA DIYA NAUKRI TO MILEE NAHIN
Jyoti Asher
(Querist) 21 June 2012
his last day in office was May 25, termination notice dated May 28 was issued and sent to my client via courier. reason mentioned in the termination notice is sexual harassment. notice was duly received by my client.
