Yahoo! Finance: "Redefining personal finance for India's middle class" --> FREE Limited time offer: HR Zone » Conflict & Labour Management » Sexual Harrassment - Live Case Study
Type: HR, Report if not a HR topic
Well, good question Kedar, I should have put it in my original post looks like I missed it. Apparently they worked on a flight (when he was on deputisation) for one shift and it was on that shift the alleged incident happened. She apparently planned to report it immediately but he left to his usual place of work and they never crossed their lines of work again so she left the issue.
Well, actually there is a time limit in the UK within (3months) which the employee has to launch the claim for a grievance/harrassment/discrimination. But he/she could use the details of the previous harrassment as a background to his/her present claim (whatever it is) but cannot ask for an investigation for an incident that happened prior to 3 months let alone years!
I must admit my ignorance of the relevant timescales of this law here in India.
Interesting one!Anyway thanks for stopping by.
Shal
I understand the timing of rising an issue that happend over a decade ago can raise eyebrows but as a victim I think she is entitled use this information as her backfground to her current grievance to give some evidence in her support and to mention in her claim why she thinks she was demoted despite being applauded for her services so far (well apparently she won many awards in her company and the demotion happened in Mar'09 as soon as the new COO aka accused took office!).
I understand your point but as mentioned in my previous post the proposed outcome of her claim should be to look into her current demotion (which of course fall under the category or victimisation/harassment but cannot ask the company to address the sexual harrassment that happened 13 yrs ago.
Shalini
Kedar
A male colleague sexually harrasses a female member of the team and more so often such issues happen in such a way that only the victim can actually recognise such advances but not the rest of the team. So, it is quite common that the in such cases there are no witnesses and the worst secnario is that he could be Mr nice guy to the rest of the team!
Now the victim decides to forget about it as the perpretator has disappeared (who went back to his post from his deputisation) and she does not want to have a hassle - everything is ok blah...blah..blah. Now after 12-13 years this guy turns up as her immediate boss (this happened in Mar'09) and demotes her from the position she was in!
I believe she may have worked real hard all these years to get to the position where she was and apparently she won alot of awards from the company for her services. And all of a sudden he( the accused) comes along and demotes her ? On what grounds? Any reason for demotion would be either redundancy or due to performance issues and from the case there are not jobs cuts in the company so its got to have the lack of performance. It's a bit conflicting to demote a member of staff who won so many awards in the company to be acting that way and if any outsider looks at this it is quite evident that the buck stops with the new COO who bye the way happens to be the same guy who harrassed here before!!
So, I am afarid I have to disgaree with you and say she has every right to raise the issue as her background to her complaint and in support of her grievance but she cannot seek a remedy for that in specific but concentrate on being reinstated to her position from which she was demoted.
Shalini
3627 Views
55 Replies
3627 Views 55 Replies1 - 10
of 55 Replies
+11
Sexual Harrassment - Live Case Study
Type: HR, Report if not a HR topic
Posted 30-10-2009Reply
Has anyone watched Headlines Today yesterday about the Alliance Air sexual hasrrasment case?
The flight attendant accusing the COO who was once a pilot in her one time crew of sexual harrasment and unfair treatment. The alleged harrassment happened 13 yrs ago and since then he returned as a COO recently and demoted her to a position which is 7 tiers junior to her initial one in March'09. The employee launched a grievance and submitted it to the Chief Managing Director (CMD). Apparently nothing is done (no investigation or any sort of response form her employer) but she was on the bench (without pay) for the past 5-7 months. Now the channel asked for an ex-colleague who comes along on the show and says she has never heard of any such allegations in her career as she happend to work with this complainant and the COO when he was the pilot.
I see a clear flaw in the company by not following the procedures and by not taking her complaint of harrassment seriously in the west the company could loose this case on sexual discrimination and harrassment grounds.
Now all the above is hearsay from the channel there could be more than meets the eye but the best bet is for the company to investigate the claim and put a closure to this, they might as well find the case in favour of them but by not investigating the claim the company is only jeopardinsing their reputation by giving the message that they have got something to hide or may be they are protecting the accused for whatever reason!
Its appalling! Can companies do that? Could you all HR Professionals throw some light on this if any of my narration made any sense?
Have a nice weekend all of ya!
Shal
Source: Case telecasted on teh Headlines Today Primetime news on 29.10.09.
In this case proper grievence redressal committee has to come in action..the facts has to be verified because the, The alleged harrassment happened 13 yrs ago and the question comes ..why she has not raised voice that time??? and if it is not raised that time..the grievence is not for sexual harrasment ..but for demotion..
Well, good question Kedar, I should have put it in my original post looks like I missed it. Apparently they worked on a flight (when he was on deputisation) for one shift and it was on that shift the alleged incident happened. She apparently planned to report it immediately but he left to his usual place of work and they never crossed their lines of work again so she left the issue.
Well, actually there is a time limit in the UK within (3months) which the employee has to launch the claim for a grievance/harrassment/discrimination. But he/she could use the details of the previous harrassment as a background to his/her present claim (whatever it is) but cannot ask for an investigation for an incident that happened prior to 3 months let alone years!
I must admit my ignorance of the relevant timescales of this law here in India.
Interesting one!Anyway thanks for stopping by.
Shal
Prima Facie it is very clear that the issue for the victim has not been the sexual harassment (in fact, it became harassment recently) but was demotion of her; when she realised that she had report an incident which happened almost decade back. Here, the doubt is not whether the incident really took place or not or that the allegation is false but it is really startling that the victim realising gravity of such an incident of 3rd degree after a decade.
In the nutshell, in the eyes of victim, it was not a crime 13 years back because all was going fine. However, she realised it when the unfavourable circumstances arose.
I wish there could be some way by which she gets justice!!
In the nutshell, in the eyes of victim, it was not a crime 13 years back because all was going fine. However, she realised it when the unfavourable circumstances arose.
I wish there could be some way by which she gets justice!!
Well shalini ..she did not have to wait for the Pilot to come accross again... she must have to complain the facts as soon as she reaches the ground, in normal cases.. but she has not reported any incident as such.. now she cannot reffer to the 'incident' ( called harrasement) as the proper reference in law of court..she can sue only for unprofessional demotion or ask valid reason for the demotion in court of law or to the management.
Well shalini ..she did not have to wait for the Pilot to come accross again... she must have to com... See Kedar's complete reply
I understand the timing of rising an issue that happend over a decade ago can raise eyebrows but as a victim I think she is entitled use this information as her backfground to her current grievance to give some evidence in her support and to mention in her claim why she thinks she was demoted despite being applauded for her services so far (well apparently she won many awards in her company and the demotion happened in Mar'09 as soon as the new COO aka accused took office!).
I understand your point but as mentioned in my previous post the proposed outcome of her claim should be to look into her current demotion (which of course fall under the category or victimisation/harassment but cannot ask the company to address the sexual harrassment that happened 13 yrs ago.
Shalini
Well!!!
To my knowledge there have few cases where the limitation period cases have been granted the extension on the basis of providing the "SUFFICIENT CAUSE" for the "REASONABLE DELAY" .
Now, since there have been the availability of smart lawyers in the criminal industry I guess they will definitely do the ground work to 'fit' in the the aforesaid terms.
If it's proven that there has been sufficient cause for the reasonable delay, cheers to the victim!!!
To my knowledge there have few cases where the limitation period cases have been granted the extension on the basis of providing the "SUFFICIENT CAUSE" for the "REASONABLE DELAY" .
Now, since there have been the availability of smart lawyers in the criminal industry I guess they will definitely do the ground work to 'fit' in the the aforesaid terms.
If it's proven that there has been sufficient cause for the reasonable delay, cheers to the victim!!!
Yes Shalini... she is surely victimised..and now she has to fight for her unvalid demotion without b... See Kedar's complete reply
Kedar
A male colleague sexually harrasses a female member of the team and more so often such issues happen in such a way that only the victim can actually recognise such advances but not the rest of the team. So, it is quite common that the in such cases there are no witnesses and the worst secnario is that he could be Mr nice guy to the rest of the team!
Now the victim decides to forget about it as the perpretator has disappeared (who went back to his post from his deputisation) and she does not want to have a hassle - everything is ok blah...blah..blah. Now after 12-13 years this guy turns up as her immediate boss (this happened in Mar'09) and demotes her from the position she was in!
I believe she may have worked real hard all these years to get to the position where she was and apparently she won alot of awards from the company for her services. And all of a sudden he( the accused) comes along and demotes her ? On what grounds? Any reason for demotion would be either redundancy or due to performance issues and from the case there are not jobs cuts in the company so its got to have the lack of performance. It's a bit conflicting to demote a member of staff who won so many awards in the company to be acting that way and if any outsider looks at this it is quite evident that the buck stops with the new COO who bye the way happens to be the same guy who harrassed here before!!
So, I am afarid I have to disgaree with you and say she has every right to raise the issue as her background to her complaint and in support of her grievance but she cannot seek a remedy for that in specific but concentrate on being reinstated to her position from which she was demoted.
Shalini
I guess the question here is of the self dignity and work ethics also!!
Sure the girl has been victimized and moreover demoted. But the reason being herself only. If she had have the self dignity, she would not have tolerated such an activity at that time only. Its a fifty-fifty probability that the advances have been made by either of them. How can one not say that the initial interest had been shown by the girl herself. I am not ridiculing the victim by just trying to emphasize upon the point that since she had been demoted she has realized it. Why???
Had she not been demoted she would have lived with it????
For me the proper way would definitely be trying everything possible; but then she is equally to blame to have indulged in such a situation!!
Sure the girl has been victimized and moreover demoted. But the reason being herself only. If she had have the self dignity, she would not have tolerated such an activity at that time only. Its a fifty-fifty probability that the advances have been made by either of them. How can one not say that the initial interest had been shown by the girl herself. I am not ridiculing the victim by just trying to emphasize upon the point that since she had been demoted she has realized it. Why???
Had she not been demoted she would have lived with it????
For me the proper way would definitely be trying everything possible; but then she is equally to blame to have indulged in such a situation!!
Shalini
I feel that what the so called women empowerment is talked about nowadays, is limited to very few areas.
In India it is common to hide cases of sexual harrassment at work place even when we claim to be advanced in so many fields. Even the victims are stigmatised by society even today, so much so that no one comes forward with such complaints unless there is no other option.
This has to change.
Eventually the air hostess might or might not get justice, as we come across so many cases which die down in the legalities and no one ever knows what happened to these cases. I feel that what the so called women empowerment is talked about nowadays, is limited to very few areas.
The channels create a lot of hype to increase viewership, but how many channels follow theses cases to the end of the whole thing.
Instead of going to the media the victim can seek justice if possible from her own organisation, which is more familiar ground to her.
I feel that what the so called women empowerment is talked about nowadays, is limited to very few areas.
Suchitra
I feel that what the so called women empowerment is talked about nowadays, is limited to very few areas.
In India it is common to hide cases of sexual harrassment at work place even when we claim to be advanced in so many fields. Even the victims are stigmatised by society even today, so much so that no one comes forward with such complaints unless there is no other option.
This has to change.
Eventually the air hostess might or might not get justice, as we come across so many cases which die down in the legalities and no one ever knows what happened to these cases. I feel that what the so called women empowerment is talked about nowadays, is limited to very few areas.
The channels create a lot of hype to increase viewership, but how many channels follow theses cases to the end of the whole thing.
Instead of going to the media the victim can seek justice if possible from her own organisation, which is more familiar ground to her.
I feel that what the so called women empowerment is talked about nowadays, is limited to very few areas.
Suchitra
1 - 10
of 55 Replies
+11
Recently in HR Forums
06-04-2023
to the forum topic 
