In a notable judgment upholding the principles of procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Bombay High Court in Saurabh Kumar Mallick v. The Comptroller & Auditor General of India & Others highlighted the critical need for Internal Committees (ICs) to conduct impartial, transparent, and legally sound inquiries. The Court emphasized that while the POSH Act aims to protect women from harassment, it equally mandates adherence to natural justice for both complainants and respondents. The case involved Saurabh Kumar Mallick, a senior official, who challenged the findings of an Internal Committee that had found him guilty of sexual harassment. Mallick argued that the inquiry was conducted in violation of the principles of natural justice, including denial of opportunity to present his defense, absence of cross-examination, and lack of proper documentation of evidence. The Bombay High Cou...
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 employe...