Kavitha Gupta's blog

https://drive.google.com/drive/my-drive Recently, the Division Bench of the Delhi High Court in Ashok Kumar Singh vs. University of Delhi & Ors., LPA 305/2017 & CM No.15732/2017, after having considered the facts of the case wherein the Appellant (delinquent employee) had challenged the inquiry report of the Internal Complaint Committee (ICC) mainly on the grounds that the reports only give a prima facie conclusion and not definite conclusion as mandated under the Act as well as the opportunity of cross examination of witnesses of the complainant and to lead defense evidence was denied to him by violating the principles of natural justice, has remanded the case back to the ICC for conducting afresh inquiry from the stage of cross examination of complainant’s witnesses whose examination-in-chief had already been tendered, in the following manner to meet the mandatory requirements of Section 11(3) of the Act as well as to comply with the principles of natur...

A Handbook on Sexual Harassment at Workplace (Prevention,Prohibition and Redressal) Act, 2013 for Employers / Institutions / Organisations/ Internal Complaints Committee / Local Complaints Committee (Prevention, Prohibition and Redressal) Act, 2013 Government of India Ministry of Women and Child Development  November 2015 It is well established that ensuring safe working conditions for women leads to a positive impact on their participation in the workforce and increases their productivity, which in turn benefits the nation as a whole. Economically, empowered women are key to the nation’s overall development and this can only be achieved if it is ensured that women’s workplaces across all sectors and all over the country have a safe and secure environment for work.  It is important as well to ensure that the emphasis is on prevention rather than punitive action. This calls for widespread awareness on the Act among employers, managers and the workers...

Ontario court awards three types of damage in sexual harassment case Newsletters April 19 2017 | Contributed by Fasken Martineau DuMoulin LLP Introduction An employee who was repeatedly sexually harassed by a co-worker sued her employer after being dismissed. In addition to normal damages for wrongful dismissal, the trial judge awarded her C$60,000 for moral damages, plus damages for the employer's violation of human rights laws. The Ontario Court of Appeal recently upheld this award in Doyle v Zochem Inc (2017 ONCA 130) and dismissed the employer's appeal. This decision is a stark reminder of the importance of properly investigating employee complaints. It also confirms that both moral damages and damages under human rights laws may be awarded to an employee without it being characterised as 'double dipping'. Facts MD worked at Zochem Inc for nine years, supervising an all-male group of refinery workers. She was the...

The below judgement reassures the quasi-judicial authority of ICC under the Sexual Harassment Act unless the order is devoid of errors on face of it. Interesting read! January 31, 2017 Workplace Sexual Harassment Complaint: Court Decides Not To Interfere With Decision of Internal Committee Set Up By Employer Court does not interfere with the order of punishment by Disciplinary Authority unless it is shockingly disproportionate to the act of misconduct. Court does not re-appreciate evidence once the Committee has conducted a domestic enquiry. Employer to have proper mechanism for prevention and redressal of sexual harassment complaints and to create greater awareness regarding gender sensitization at workplaces. The Bombay High Court (“ Court ”) ruled that it would not interfere with an order of punishment passed by the Internal Complaints Committee (“ ICC ”) in relation to a sexual harassment complaint, unless the order is shockingly disproportionate.  Th...