S*xual harassment at workplace
meghana
(Querist) 13 May 2018
This query is : Resolved
my friend filed a complaint on her male collegue to the HR , the complaint was of simple nature and in the initial complaint there is nothing mentioned about s*xual harassment, but the HR has converted that into s*xual harassment complaint and called the guy to give his version of the story within 10 days. the HR served him legal notices under prevention of s*xual harassment at workplace bill. i got to know that the guy had issues with the management in the past. the HR is asking the guy to resign from the company.the guy has gone to the police.
did the HR do the right thing by converting the complaint into s*xual harassment complaint when the issue could have been solved internally ?
is the guy doing the right thing by going to police ?
my friend is worried since the guy said he will go to police now, she did not tell this matter at her home and she is scared of police inquiries.
Vijay Raj Mahajan
(Expert) 13 May 2018
Police has nothing to do with his complaint as it's a matter being investigated by the company and more over the sexual harassment can be complained by female worker against male worker not the other way around. What male worker complaint must be harassment by company to him which is not a cognizable offence for the police to investigate.
Guest
(Expert) 13 May 2018
Ms. Meghana,
Very vague hypothetical query. Artificiality is quite visible in your story, when you stated that your friend went to police against the HR action instead of clearing his position, more so when you have not mentioned what exactly was the complaint.
Even then, Mr. Vijay Raj Mahajan has very correctly advised you.
meghana
(Querist) 13 May 2018
the guy has gone to the police since the HR has issued him legal notice.
Guest
(Expert) 13 May 2018
Very unconvincing explanation!
You have not replied, what was the matter of complaint. The guy, if gone to police instead of replying the notice, could only be an idiot type of person, who did not know the rules of employment, specifically the conduct rules to be observed while in service. Legal notice is not replied by the police.
Kumar Doab
(Expert) 13 May 2018
HR can issue legal notice?
HR has issue legal notice/
Or was IT show cause notice?
Kumar Doab
(Expert) 13 May 2018
What else a male employee charged with se*ual harassment would do while as per you the complaint was simple and not se*ual harassment.
He ( employee) has to mind his interest, employable and future?
You are from which side?
Kumar Doab
(Expert) 13 May 2018
Same Query;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=178868&message=MESSAGE%20MODIFIED
meghana
(Querist) 13 May 2018
i heard from my friend that the guy was issued legal notice and NOT a show cause notice and that i the reason he has approached the police help .
Guest
(Expert) 14 May 2018
You do not seem to be aware of full facts of the case. Better ask your friend to come forward with the details of the incidence and what actually he wants to know.
Ms.Usha Kapoor
(Expert) 14 May 2018
Full factual details are not mentioned. According to Supreme court guidelines in Visakha case every major organization must have a women's grievance cell which will investigate the factual details and find truth in the victim woman's allegations ether transfer the culprit or suspend him or terminate him for misconduct.
P. Venu
(Expert) 14 May 2018
The facts posted are less than convincing!
