Employee Reinstated as process adopted by SHWW Committee vitiated

SUCCESS STORY – EMPLOYEE REINSTATED IN VITIATED PROCESS OF SEXUAL HARASSMENT AT WORKPLACE

Background:  When Kunwar’s company was downsizing, there was a tussle between him and some other employee. The others joined hands and levelled false charges of Sexual Harassment at WorkPlace against him. The company was openly flouting rules of  Sexual Harassment of WorkPlace Act and there was no Internal Complaints Committee. The complaint was rather lodged by a third party on behalf of the aggrieved individual bypassing all procedures. He was not given a chance to defend the charge and when he approached the court to get injunction as the company started the process of forming ICC de-novo.

Defence: It was argued that the whole process was vitiated as the complainant was part of the previous ICC and there was no independent ICC member amongst other grounds. While the court case was own, the company resorted to terminating the services of Kunwar.

Success Story: The court taking note that the prima-facie the whole process was vitiated and pending the court case, it was wrong to terminate the services restored the status quo to the date when the case was filed.

Follow-Up: Company has put an appearance and the case is still on in the court of law.

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