Introduction:
Facing a Prevention of Sexual Harassment (POSH) complaint can be a challenging and sensitive situation for anyone. At such times, having a clear understanding of the process and knowing your rights is crucial. In this blog post, we’ll explore what you should know if someone has filed a POSH complaint against you and the steps you can take to navigate through the process.
Understanding the Basics:
1. Principles of Natural Justice:
– You are not presumed guilty from the start.
– The Internal Committee is expected to follow the principles of natural justice, ensuring a fair and unbiased investigation.
2. False/Malicious Complaints:
– Any false or malicious complaints may lead to penal consequences for the complainant.
– Upholding the truth and providing accurate information is essential during the process.
3. Mode of Resolution:
– The complainant can opt for a formal or informal resolution based on the severity of the case.
– Formal processes involve investigation, while informal processes focus on conciliation or settlement.
4. Conflict of Interest:
– If you believe someone from the Internal Committee has Conflict of interest (ex – related to the complainant), then you can request for the removal of that Internal Committee member
5. Confidentiality:
– Maintain strict confidentiality throughout the process.
– Breaking confidentiality can lead to consequences for any involved party.
6. Interim Measures:
– The Internal Committee may suggest interim measures during the investigation for fairness.
– These measures could include a temporary transfer, work from home, or leave pending inquiry.
7. Appeal:
– If dissatisfied with the committee’s decision, you have the right to challenge it in the relevant tribunal or court.
Your Action Plan:
1. Response to the Complaint:
– You will receive a copy of the complaint within 7 days.
– Respond comprehensively within 10 days, including your version, timelines, witnesses, and supporting proofs.
– Keep your response objective, avoiding judgmental language.
2. Attendance at Meetings:
– Attend meetings when your presence is requested, recognizing the committee’s authority.
– Cooperate fully and provide any additional information as needed.
3. Avoid Interactions:
– Refrain from interacting with any parties involved outside the investigation.
– Maintain professionalism and focus on the process.
4. Awareness of Timelines:
– Stay informed about important timelines for the investigation.
– Ensure timely responses to maintain the integrity of the process.
Terminology to Know:
– Complainant: The party filing the complaint.
– Respondent: The party against whom the complaint is made.
– Witness:Any party with information related to the investigation.
– Internal Committee: A mandatory committee formed by organizations with more than 10 employees, as per the POSH Act.
Conclusion:
Navigating a POSH complaint requires careful adherence to procedures and a commitment to maintaining a fair and respectful workplace. This information serves as a general guideline, and for specific legal advice, consult appropriate professionals. Stay POSHitive!
For more insightful content on the Prevention of Sexual Harassment (POSH Compliance), check out our blog, POSHitive, at Safe Spaces Inc.
Disclaimer: This post provides high-level information and is not a substitute for legal advice. This is only intended to address some of the POSH FAQs
