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Workplace Harassment: Landscape of Technology and Workplace Harassment

The integration of technology into our professional lives has brought about numerous benefits, but it has also opened new avenues for workplace harassment. This article delves into the intricate relationship between technology and harassment, shedding light on the various dimensions of cyberbullying, online harassment, and the role of social media in addressing workplace misconduct. The Rise of Cyberbullying in the Workplace: As our workspaces become increasingly digital, so does the potential for cyberbullying. Online platforms and communication tools, once heralded for enhancing collaboration, have become breeding grounds for harassment. Cyberbullying in the workplace can take various forms, including offensive emails, malicious instant messages, or even the dissemination of harmful content through company networks. The anonymity afforded by digital communication often emboldens perpetrators, making it challenging for victims to identify and report their harassers. Companies are now...
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The Concept of Principles of Natural Justice

Principles of Natural Justice refer to fundamental legal principles that ensure fairness in legal proceedings and decision-making processes. These principles are rooted in ensuring that decisions are made in a just and unbiased manner. Following are the Key Principals : 1. Audi Alteram Partem (Right to Be Heard) Explanation: This principle ensures that both parties involved in a case have the opportunity to present their side before any decision is made. Affected persons must be informed of the allegations against them and given a chance to defend themselves. 2. Nemo Judex in Causa Sua (Rule Against Bias) Explanation: This principle requires the decision- maker to be impartial and free from any personal interest in the outcome of the case. 3. Notice Explanation: Adequate notice of the charges, hearing dates, and the consequences must be given to the person concerned. It allows them to prepare for the hearing. 4. Reasoned Decision Explanation: The authority must provide a clear, rea...
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Posh Law :- Sexual Harassment at workplace

The Supreme Court ruled that in cases of workplace sexual harassment, courts should not be influenced by minor discrepancies or overly technical issues. Instead, they should evaluate the overall fairness of the inquiry. The judgment, delivered by a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, emphasized that allegations of sexual harassment should be considered within the broader context and not solely on procedural grounds. Facts of the Case A female employee filed a sexual harassment complaint against the respondent, initially submitted to the Inspector General (IG) and forwarded to several other authorities. A second complaint with additional allegations was submitted on September 18, 2012. Initial inquiries did not substantiate the allegations, leading the Ministry of Home Affairs to form the Central Complaints Committee per the 2006 Standing Order, which ultimately found the respondent guilty. The respondent argued the allegations ...
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Posh law in India : Shanta Kumar v Council of Scientific and Industrial Research

Shanta Kumar v Council of Scientific and Industrial Research (CSIR) Facts of the Case The petitioner, Mrs. Shanta Kumar, filed a petition challenging the proceedings of a Complaint Committee and the subsequent order by the Disciplinary Authority. The case involved allegations of sexual harassment made by the petitioner against respondent no. 3 (Dr. Sunil Bose) at the Central Road Research Institute (CRRI). The main incident in question occurred on 29.04.2005, where the petitioner alleged that respondent no.3 entered the laboratory, stopped a machine, snatched samples from her, pushed her out and locked the laboratory. Initially the complaint did not explicitly mention sexual harassment, but later the petitioner claimed that she had been subjected to “all kinds of harassment including sexual harassment”. A complaint committee was formed to investigate the allegations and it concluded that the complaint was not of sexual harassment but a case of altercation in an uncongenial work enviro...
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Sexual harassment law: Power of IC and Landmark judgement

In the case cited, the courts have provided important clarifications regarding the powers and limitations of internal committees tasked with investigating complaints of harassment or misconduct.  Let's elaborate on each point: Initiation of Investigation: In the case of Shital Prasad Sharma v. State of Rajasthan and Ors. (2018 SCC Online Raj 1676), the court clarified that an internal committee can initiate an investigation based on a complaint received from any source of authority, provided that the complainant agrees to pursue the matter with the committee. This means that the committee's jurisdiction isn't limited solely to complaints directly submitted to them but extends to complaints forwarded or received from other sources, as long as the complainant consents to the committee's involvement. Implication: The internal committee's role is to address complaints of harassment or misconduct regardless of the source of the complaint. It emphasizes the importance of ...
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Union of India Citation v Banani Chattopadhyay - (2022) 1 HCC (Cal) 351 Court – High Court of Calcutta.

Facts of the Case – The petitioner, Banani Chattopadhyay, was a Deputy Manager at Hindustan Cables Ltd. (HCL). She opted for voluntary retirement on 31.01.2017 following a decision to close down the company. After retirement, she was engaged on a temporary basis as a consultant and later as an advisor. She was released from her temporary engagement on 30.04.2018. on 09.05.2018, she lodged a complaint of sexual harassment against Respondent 9 (allegedly the head of HCL), claiming the incidents began in the last quarter of 2016. An Internal Complaints Committee was constituted to investigate her complaint. The ICC submitted its report on 19.06.2018, concluding that the allegations were not proved. The petitioner filed a write petition challenging the ICC’s report and constitution. Legal Issues:- 1. Whether the Internal Complaints Committee had jurisdiction to inquire into the complaint, or if it should have been referred to the Local Committee. 2. Whether the Internal Complaints Committ...
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Protecting Employees: Addressing Client or Customer Harassment in the Workplace

Client or customer harassment poses a significant challenge for employees in various industries, particularly those in client-facing roles. In this article, we delve into a hypothetical case study involving client harassment and discuss the necessary steps for organizations to protect their employees and uphold a safe work environment. Case Study : Client or Customer Harassment Scenario:  Maria, representative, a finds dedicated herself sales in an uncomfortable situation as she faces persistent sexual comments and advances from a client during business meetings. Despite her professionalism and attempts to redirect the conversation to business matters, the client's behavior continues, leaving Maria feeling vulnerable and distressed. Response: Addressing client or customer harassment requires a proactive and supportive response from organizations. Here's how companies can effectively address and mitigate such situations: 1. Establish Policies and Procedures: To protect employ...
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