What "In Such Manner as May Be Prescribed" Actually Means One of the most litigated phrases within the POSH Act, 2013 is found in Section 13(3)(i), which directs employers to act upon the recommendations of the IC "in accordance with the provisions of the service rules applicable to the respondent." For years, defense counsels have aggressively interpreted this phrase as a statutory mandate to trigger a completely fresh, separate disciplinary inquiry from scratch under standard corporate service codes. The Bombay High Court’s analysis in the Arun A. Iyer judgment has provided a definitive clarification, cutting through this deliberate misinterpretation. The Division Bench clarified that the reference to service rules in Section 13(3)(i) refers strictly to the mechanism and scale of executing the penalty, not to the rebuilding of the inquiry process itself. In other words, the service rules are consulted to determine what constitutes a "major penalty" vers...
Introduction Workplace sexual harassment results in employee attrition and is a serious issue that affects many employees around the world. Seven out of ten women who leave a workplace due to an experience of workplace sexual harassment do so without informing their employer. This is a troubling statistic that raises questions about why so many victims of workplace sexual harassment do not come forward. In this article, we will explore some of the reasons why employees do not file a complaint of workplace sexual harassment, AND, as an employer, what is it that you can do to change this. Reasons for not reporting workplace sexual harassment Fear of Retaliation One of the main reasons why employees do not file a complaint of workplace sexual harassment is fear of retaliation. Victims may worry that they will be retaliated against by their harasser, their supervisor, or other co-workers if they report the harassment. Retaliation can take many forms, including being demote...