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Showing posts from February, 2025

Posh Law - The Role of Conciliation in POSH Investigations

Not every case of sexual harassment at the workplace needs to culminate in a formal inquiry. The POSH Act , 2013 recognizes that in some situations, the aggrieved woman may prefer a less adversarial resolution. This is where conciliation plays a role offering an opportunity to resolve the complaint amicably, provided certain safeguards are respected. For the Internal Committee (IC), conciliation is a delicate process that requires sensitivity, neutrality, and strict adherence to law. 1. When Conciliation Can Be Considered Conciliation is an option available only at the request of the complainant. The IC cannot suggest or impose conciliation on its own. The request must be made before the start of the formal inquiry process. This ensures that the complainant’s autonomy and comfort remain at the center of decision-making. 2. Prohibited Basis of Conciliation The law expressly forbids monetary settlement as the foundation of conciliation. This is a critical safeguard against misuse and exp...

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...

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...