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Sudheendra (Social worker )     13 July 2015

Sexual and mental harassment at workplace

Greetings Sir, 

After directions by Labour Commissioner ...  ICC was formed at workplace on June 11th 2015, 
Management having  not shared anti s*xual and other harassment policies from the time the company started and she joined as an employee (one and half years), she was unsure about filing a complaint.

So the complainant had to wait for over an year to bring up the subject due to non availability of women employees in either HR or management.

Collegues though informed are not in a situation to help fearing similar treatment.


Following unwelcome s*xual advance by one of the directors which was strongly resisted and declined, she has been subjected to other forms of torture by the management (harassment, leaves, growth and increments in salary).


With the information she had, she escalated has escalated the issue to the senior managment in US and following no response from them ... has forwarded a formal complaint to Karnataka Womens Welfare Association two months ago (pending further inquiry) .


Karnataka Womens Welfare Association has forwarded the complaint to Labour Commission who is also looking into this issue.


Now that she has been called for a meeting with the ICC (4 of 6 members on who harassment complaint has been filed), complainant fears the meeting to be quiet hostile. 


My query is ... Is it ok for the complainant to ask her husband to join her for this meeting as he has also been harassed by the management and is a witness to her sufferings (he is not an employee).

Please advice ...

 



Learning

 8 Replies

Kumar Doab (FIN)     13 July 2015

While you want to ask to be accompanied by your counsel (anyone or even employee's/trade union leaders) or to be videographed, there is nothing wrong.

 

Let anyone reply in writing whatever he/she wants.

 

Record the meeting for everything.

 

You may go thru and pick up relevant points.

 

https://www.lawyersclubindia.com/forum/Sexual-harassment-and-workplace-descirimination-123580.asp

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=106348&offset=2#.VaPhqbV-jMo

 

1 Like

Sudheendra (Social worker )     13 July 2015

Dear Kumar Doab Sir,

Thank you kindly for your informative reply.

I did go through the progression of the threads mentioned by you which reflects a similar situation and did provide a lot of information.

I will write in this thread incase of anything different and noticable incident occurs. 

 

 

Kumar Doab (FIN)     13 July 2015

You may consult the author and share inputs.

If you have consulted a good lawyer you have done good to yourself.

 

If you have not, consult ASAP and prepare your defence and build favorable written record so as to help you in future.

1 Like

Sudheendra (Social worker )     14 July 2015

I have been advised by the Labour commissioner to appeal to LCC and then court after filing a police complaint incase ICC fails in sounding justful.

An advocate is certainly a need of the hour Sir and will get in touch with him at the earliest.

Thank you kindly ... :)

Sudheendra (Social worker )     14 July 2015

Dear Kumar Doab Sir,

ICC has declined the request stating not to allow any one out of company for first step of proceeding, if you need moral support as you mentioned in mail  you can accompany your colleagues to whom you have already  discussed this issue with and if you trust them.

The fact remains that the members of ICC are themselves harassers as per the complaint, which they have not acknowledged.

Also they have added members to ICC whose details have not been provided to my counsel.

The meeting is scheduled for today 15th July 2015 and my counsel is very nervous.

Please advice ...

Kumar Doab (FIN)     15 July 2015

You have thought of consulting a lawyer later.

Consult now.

 

Employee's/Trade Union leaders/Authorized representative (usually attached with Labor law Consultants) can accompany you.

 

Proceed further as advised by your lawyer.

 

 

1 Like

Sudheendra (Social worker )     15 July 2015

Learned counsel, 

Today during the meeting with ICC, my friend was harassed as mentioned below :

Getting a new member to the panel without prior information. 

The members are of panel acknowledged that they are aware that they are also accused as per the complaint, however, choose to continue with the meeting and limit the conversation s*xual harassment only (barring to discuss anything about the mental harassment and the detrimental treatment she has been receiving).

No prior intimation was given to her about the rules of engagement during the meeting.

Her belongings taken away which contained all the documents along with her phone (which was given back to her after the meeting).

She was told that ICC would record everything and my friend need not have to do it, also when my friend asked ICC for a copy of the recording, her request was denied.

My friend was asked to provide a hard copy of the complaint again to the ICC panel even though it was sent through email a week ago. 

The accused was summoned in the same meeting room along with my friend to sign on the complaint document before handing it over to the accused for signing and submitting the copy to ICC ( ideally, ICC should have served a notice to the accused).

The accused denied the allegation and the ICC asked him to submit the same in writing ( he has been provided with 2 days to reply). 

The meeting has been rescheduled to 20th July 2015.

Also, throughout the meeting, my friend was treated very disrespectfully.  

Please advice on hwo to proceed in this situation ...

 

 

 

 

Sudheendra (Social worker )     15 July 2015

Dear Kumar Doab Sir,

While my friend would very much like to consult an advocate, presently Lobour commission is probing into the issue parallely. A meeting has been scheduled on 17th July, where they want to check if there has been any violation from the company according the Labour Law guidelines (karnataka).

She has been informed to escalate the issue to LCC if she is not satisfied with the findings of the ICC, however, it is becoming increasingly difficult to deal with ICC considering the way she is being treated.

Please advice ...

 


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