ANONYMOUS COMPLAINT TO INTERNAL COMPLAINT COMMITTEE (ICC)
08-Aug-2023 (In Corporate Law)
ICC cannot initiate an inquiry based on anonymous complaint
The ICC certainly cannot take Suo moto cognizance of the case and initiate an inquiry as the PoSH Act does not allow it. However, ICC is not only created to provide remedy for complaints of sexual harassment, but also to prevent such cases in organizations. If the ICC detects that sexual harassment is occurring in the organization, it can take steps to prevent it. These steps will be different from the remedy procedure.
Warning harasser about his conduct
Thus, an ICC can speak to such harasser about an anonymous complaint received without revealing any names. The ICC may inform the harasser that the organization will not tolerate any form of misconduct and that repetition will be dealt with severely. This is more of a warning than a punishment.
Explaining PoSH Policy and penalty for non-compliance
It can also explain the PoSH policy and penalties for sexual harassment to the harasser. Awaring employee that the ICC is monitoring employees behaviour is a powerful preventive tactic against sexual harassment.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."