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Anika
The Soviet Union under Stalin used the same system. It resulted in many false accusations and a lot of entrapment sending innocent people to Gulags and even worse solely so the greedy & immoral could benefit from the rewards.
I could never countenance involvement and support of such a system.
Anika
The Soviet Union under Stalin used the same system. It resulted in many false a... See Neil's complete reply
Thank you Neil . Really appreciate your valuable inputs.
Regards,
ANIKA
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How would you have handled this?
Posted 15-03-2009Reply
I just read a summary of a legal case (Adams vs O'Reilly Automotive) that had some interesting pieces to it... was wondering if your opinion would be different than the judges. Here's the nuts and bolts:
A female employee complains that her supervisor is sexually harassing her. The company's response was to to ask for names of witnesses or some other supporting evidence. The employee could offer nothing and the company dropped the investigation.
Later on, another employee complains about this same supervisor. This time, enough proof was submitted and the company ultimately fired the supervisor.
The original complainant then sues the company - claiming she was subjected to more harassment after the company failed to investigate her complaint.
The judge ruled that the company's response was appropriate... that companies cannot be expected to just believe every complaint and investigate without evidence to verify.
What do you think? How would you have ruled? Would you have investigated it anyway?
Usually the sexual harassment occurs without witnesses, the aggressor fearing the possible consequences of his behavior. That's why frequently in these trials it is difficult to prove the guilt and to find persons willing to testify. There might be other victims as well or just witnesses but some fear public exposure, humiliation, some fear losing their jobs, so there is often no one to sustain the complainant accusation. This doesn't mean there shouldn't be further investigations.
A complainant who's accusations weren't proved or investigated enough and who's forced to continue working together with the aggressor is exposed to further abuses, loses credibility in front of the co-workers and feels vulnerable and humiliated.
On the other hand, speaking in generally and not about the mentioned case, the presumption of innocence should be taken into consideration because it is true that sometimes an accuse like this can be made to discredit a person, as a personal revenge, without being real and the investigation can prove the innocence of the accused.
A complainant who's accusations weren't proved or investigated enough and who's forced to continue working together with the aggressor is exposed to further abuses, loses credibility in front of the co-workers and feels vulnerable and humiliated.
On the other hand, speaking in generally and not about the mentioned case, the presumption of innocence should be taken into consideration because it is true that sometimes an accuse like this can be made to discredit a person, as a personal revenge, without being real and the investigation can prove the innocence of the accused.
Well Said Claudia. If the Company didnt take any action even after the 2nd complainant filed with the evidences then they can be blamed.
Having said this, I (personally) would have tried to monitor the accused person's behaviour with the complainant to check whether the accusations were true. Though we cant expect everyne to have proofs for such accusations, generally offenders when left unpunished, tend to harass more. We can use that as evidence to investigate and take the decision. This is possible when we have adequate staffs and a genuine "Employee-Friendly" organization goal.
Having said this, I (personally) would have tried to monitor the accused person's behaviour with the complainant to check whether the accusations were true. Though we cant expect everyne to have proofs for such accusations, generally offenders when left unpunished, tend to harass more. We can use that as evidence to investigate and take the decision. This is possible when we have adequate staffs and a genuine "Employee-Friendly" organization goal.
well,
Whether an information is true or not,it can be judged only after a proper investigation.
Regarding the first women who complained to the board,It would have been a great shock to that lady when she was first assualted...we don,t have any extra ordinary power to judge our future,if every rape victims/victims of sexual abuse (sorry for this) have known about the attack earlier,it could be avioded easily,but we don't have such powers.......
People may ask,"how did the other women got the proof ??????"
its very simple,once this women has complained,he would have been cautious to this lady,because of which,the first one could never collect any proof...........
Its rediculous to ask proof for such things,we women cannot carry a camera every time,as nowadays camera moblie is also banned in the office !!!!!!!!
Whether an information is true or not,it can be judged only after a proper investigation.
Regarding the first women who complained to the board,It would have been a great shock to that lady when she was first assualted...we don,t have any extra ordinary power to judge our future,if every rape victims/victims of sexual abuse (sorry for this) have known about the attack earlier,it could be avioded easily,but we don't have such powers.......
People may ask,"how did the other women got the proof ??????"
its very simple,once this women has complained,he would have been cautious to this lady,because of which,the first one could never collect any proof...........
Its rediculous to ask proof for such things,we women cannot carry a camera every time,as nowadays camera moblie is also banned in the office !!!!!!!!
Sexual harassment at workplace is an extremely sensitive issue as it leaves the person scared emotionally and mentally.
It is not possible to expect eye witnesses for such inhuman acts as the sinner makes all the efforts top maintain a positive public image.
However, to ensure that the complaint is a genuine one and not out of personal vendetta, HR can investigate this matter by questioning other female employees about the accused way of behavior towards them
One can also question ex - employees as they would be more open while providing their inputs.
Regards,
Anika
It is not possible to expect eye witnesses for such inhuman acts as the sinner makes all the efforts top maintain a positive public image.
However, to ensure that the complaint is a genuine one and not out of personal vendetta, HR can investigate this matter by questioning other female employees about the accused way of behavior towards them
One can also question ex - employees as they would be more open while providing their inputs.
Regards,
Anika
Hi Disha
I'm not sure there is sufficient information in this particular description to pass judgement on the behaviour of the company concerned.
That aside this is a difficult for a company to deal with. A lot of there options and responses are governed by the size of the company concerned. For example a small company may not be able to separate the people involved sufficiently to ensure that further incidents don't happen where as a large one may have that option. Equally a small work force working in a large warehouse would be more difficult to monitor than in a closed office environment.
It's difficult to give a definitive answer and theoretical ones can be counter productive. As a general guide all people have to be assumed innocent until proven guilty. Any investigations must be done into all parties involved, both accused and accuser by a team of objective people who can act as witnesses to their own behaviour - this protects the company against accusations of bias and minimises the risk of charges of conspiracy, victimisation and possibly unfair dismissal. At all times company rules governing this sort of problem must be strictly adhered to (if no rules exist then the board must define some PDQ). Everything must be clearly documented and the entire process must be transparent.
Anything other than this could leave the company in a worse position.
Neil
I'm not sure there is sufficient information in this particular description to pass judgement on the behaviour of the company concerned.
That aside this is a difficult for a company to deal with. A lot of there options and responses are governed by the size of the company concerned. For example a small company may not be able to separate the people involved sufficiently to ensure that further incidents don't happen where as a large one may have that option. Equally a small work force working in a large warehouse would be more difficult to monitor than in a closed office environment.
It's difficult to give a definitive answer and theoretical ones can be counter productive. As a general guide all people have to be assumed innocent until proven guilty. Any investigations must be done into all parties involved, both accused and accuser by a team of objective people who can act as witnesses to their own behaviour - this protects the company against accusations of bias and minimises the risk of charges of conspiracy, victimisation and possibly unfair dismissal. At all times company rules governing this sort of problem must be strictly adhered to (if no rules exist then the board must define some PDQ). Everything must be clearly documented and the entire process must be transparent.
Anything other than this could leave the company in a worse position.
Neil
If in the position of the company concerned, I would be obliged
to change the complainant from the superior. Logically, if a
person complaints about his/her superior, there are the
following possiblities.
1. the complaint may be real.
2. the complaint may be false but the complaintant may not be wrong. there may be a misunderstanging of the actions of the superior.
3. the complaint may be totally false and the reason being the complaint may be having frequency mismatch with the superior.
For every reason, the incompliance from the part of the complaintant with the superiority of the superior will lead to the down turn of the performance of the team.
Here is this algorithm I propose:
Step 1. Relocate the complaintant from the superior.
Step 2. Keep a tab on both the compliantant and the accused (I don't like to use these words, but these happen to be legal terms)
Step 3. Make sure that another person is not victimised (immaterial of whether the complaintant or the accused being the victim)
I feel to search for the Proofs, is like letting a crime (I feel any victimisation is a crime) happen again. This may prove to be harmful for the reputation of the company
to change the complainant from the superior. Logically, if a
person complaints about his/her superior, there are the
following possiblities.
1. the complaint may be real.
2. the complaint may be false but the complaintant may not be wrong. there may be a misunderstanging of the actions of the superior.
3. the complaint may be totally false and the reason being the complaint may be having frequency mismatch with the superior.
For every reason, the incompliance from the part of the complaintant with the superiority of the superior will lead to the down turn of the performance of the team.
Here is this algorithm I propose:
Step 1. Relocate the complaintant from the superior.
Step 2. Keep a tab on both the compliantant and the accused (I don't like to use these words, but these happen to be legal terms)
Step 3. Make sure that another person is not victimised (immaterial of whether the complaintant or the accused being the victim)
I feel to search for the Proofs, is like letting a crime (I feel any victimisation is a crime) happen again. This may prove to be harmful for the reputation of the company
A policy whereby whistleblowers who report such unethical acts, are appropriately rewarded, can be ... See Anika's complete reply
Anika
The Soviet Union under Stalin used the same system. It resulted in many false accusations and a lot of entrapment sending innocent people to Gulags and even worse solely so the greedy & immoral could benefit from the rewards.
I could never countenance involvement and support of such a system.
This is a sensitive issue required to be dealt with utmost confidence of the employee and the supporting team.
Once a complaint made; it is duty of the judges to evaluate it thoroughly for its authenticity. Though the procedure is to review with the witness; it should be applied on case to case basis. This is a situation where; given a second chance might build more risk. It is fortunate that the second case has enough proofs; otherwise; the risk factor would have increased for more employees to fall victims with such a person around.
I would start my work from the moment the employee expressed the issue. Each time we ignore an issue; it builds a sense of insecurity in the work atmosphere and employees loose confidence in the support fuctions.
Upon investigation; if the outcome is not inline with the employee; there can be action taken for raising a false complaint.
Once a complaint made; it is duty of the judges to evaluate it thoroughly for its authenticity. Though the procedure is to review with the witness; it should be applied on case to case basis. This is a situation where; given a second chance might build more risk. It is fortunate that the second case has enough proofs; otherwise; the risk factor would have increased for more employees to fall victims with such a person around.
I would start my work from the moment the employee expressed the issue. Each time we ignore an issue; it builds a sense of insecurity in the work atmosphere and employees loose confidence in the support fuctions.
Upon investigation; if the outcome is not inline with the employee; there can be action taken for raising a false complaint.
A policy whereby whistleblowers who report such unethical acts, are appropriately rewarded, can be ... See Anika's complete reply
Anika
The Soviet Union under Stalin used the same system. It resulted in many false a... See Neil's complete reply
Thank you Neil . Really appreciate your valuable inputs.
Regards,
ANIKA
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