A complaint of sexual harassment by an employee in a company resulted in the company being held liable when the court found that HR had failed to take sufficient action concerning directing the employee’s report of inappropriate behaviour to the Internal Committee.
The alleged sexual harassment included physically unwelcome behaviour and persistent requests to have a drink outside work hours despite an ongoing refusal by the complainant, asking for cuddles, telephoning her at home, and making repeated unsolicited sexual remarks.
The complainant reported the sexual harassment to her HR Head. The HR did not take any action and asked the complainant through conciliation to resolve the matter with the alleged respondent.
The complainant filed the case in court. The court found that, even in these circumstances, the employer was vicariously liable for the acts of its employees. It found that the employer has an overriding responsibility to provide a workplace free from harassment and that HR had the responsibility to guide the complainant to file a PoSH complaint.
The human resources department in many instances serves as the first point of contact for a victim of sexual harassment. The first interaction that a complainant receives can either help them feel empowered to file a complaint or make them feel intimidated.
It’s pertinent to note that delegating the complainant to not file a PoSH complaint is a legal wrong and can lead to the revocation of the license of a company if held liable.
Following are the things to keep in mind when a case has been reported to you as an HR:
- When the complainant has reached out to you, make separate time available to listen to them in privacy.
- Be mindful of your behaviour and pay attention to what they are mentioning, do not question them or repeatedly ask for graphic details of the incident.
- It’s very important to note down every detail that was shared by the complainant.
- Make them aware of the PoSH procedure, the complaints procedure and their legal rights under the same.
- Urge them to file a report with IC and offer assistance if needed in doing so.
- Make sure that you have kept all information shared with you highly confidential and not shared the same with anyone; only those who need to know should be informed.
- If required you can provide further assistance to the complainant, if needed, to complete tasks and catch up with work.