Rohit (Legal) 27 July 2014

Sexual harrassment

Dear All,

this is to bring to your notice that an employee has alleged molestation against the director of the company.

we have constituted an internal committe to investigate this, however i would request you to elucidate some light on the followings-:

1 the girl has resigned voluntarily and her resignation is also accepted, now is it mandatory to carry out the investigation or in other words do the girl has to be an employee as a prerequisite to carry out the investigation, the act is silent on the same

2 Secondly, we came to know that this comitte should preside where the girl is married or her parents domicile or where the alleged incident happens, however the act ie Sexual Harrassment of women at workplace is silent on the same

3 thirdly, do we need to suspend accused as the girl is demanding the same persistently and again the act is silent on the same

Prima facie, this case appears to be false case and is based out of vengaence but we need to carry out the investigation as company image is also at stake

please help

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1 Replies

VIRAJ KADAM (Advocate Supreme Court of India) 28 July 2014

Dear friend

Only tricky part of your case is that the lady has resigned. It would be difficult to conduct an inquiry and proceedings in absence of the complainant and her evidence.

As an organisation you must follow Vishakha guidelines laid down by the Honourable Supreme Court of India. Ensure that your company falls in line for the same.

Also, I would suggest you not to close the complaint without any penalty on the accused. Set up a committee to look into the matter and then make a report. If you think that the accused is guilty even on one count punish him accordingly.