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Sue someone for Emtional distress
27-Aug-2023 (In Labour & Service Law)
A, the custodian of assessments at XYZ summons B,employee of XYZ, to her desk, and abruptly accuses him of immoral conduct for opening the Knowledge Management site and launching the quiz, after the official test end time and outside the exam hall (which we were allowed to do), falsely accusing VP of violating the integrity policy (without understanding the circumstances) . A bullies B for about half an hour in-front of her colleagues unless B apologizes for logging into the site. B suffers severe emotional distress, and resigns at resigns. Can B sue A for Abuse of power, emotional distress?
Ideally, this would be a function of the value system of an organisation.
Yes, technically B could sue A on several grounds after considering the peculiar facts and situation of your case. As far as civil proceedings are concerned it would a tortious claim for damages. However, Indian Courts are slow to proceed with such cases and the amount awarded is paltry compared to the resources one must expend. In the particular facts you have stated, I neither see sufficient grounds for criminal proceedings. It is quite unfortunate what has happened to your colleague.
However, sending a legal notice through an Advocate may have the desired effect and Court proceedings may not be required at all. They are expensive and time consuming for the organization as well. Further, your colleague should meet a counsellor and should look for employment at a better organization with a strong value system. Let us know if we could be of any further assistance to you or your colleague.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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