Najma had filed a complaint of sexual harassment against her colleague Kartik. However, while the case has been filed, it has come to light through the investigation that Kartik has reprimanded Najma on minor infractions related to her conduct at the workplace on multiple occasions. It has also come to light that Najma has not been performing well and has a history of reporting to work late.
An investigation of a complaint of sexual harassment can often uncover disciplinary matters. At that point, it is important to find a route to navigate the investigation fairly and robustly. The Internal Committee or IC needs to evaluate whether such instances can impact their understanding of the case. The existence of a disciplinary issue should not be taken as indicative of foul play but proper understanding should be achieved to understand the possible links between the two.
Strategies for the Internal Committee:
- Ensure that you maintain confidentiality. During an investigation, if the IC uncovers disciplinary issues, it is important not to divulge information sensitive to the investigation.
- Conduct parallel impartial investigations into the matter. It is important to handle both investigations with caution.
- Due process should be followed where both parties are allowed to present their case and respond to the allegations made against them.
- Consider Contextual Factors: Evaluate the circumstances surrounding Najma and Kartik’s behavior, including Kartik’s past infractions and previous commendations, to inform the disciplinary decision-making process.
- The remedial measures should be developed in a manner consistent with fostering accountability and understanding of corrective action in both parties. The disciplinary process should be evaluated independently of the PoSH case.
When the Internal Committee follows proper protocol, it ensures that accountability is maintained throughout the spectrum. By tailoring their approach to the specific circumstances of the case, the Internal Committee can effectively navigate disciplinary challenges within sexual harassment investigations while upholding organisational values and promoting a safe and respectful workplace environment.