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Steps to ensure a through and fair investigation process

Q

When a harassment complaint is reported in our workplace, conducting fair and unbiased investigations is crucial. What are the essential steps we should follow to ensure a thorough and objective investigation process, while also supporting the individuals involved and maintaining confidentiality?

A

If an employee is experiencing sexual harassment or unsafe work practices in the
workplace in Telangana, they can file a formal complaint regarding workplace sexual
harassment with the Internal Committee in their organization or the Local Committee
where the Internal Committee is not available. They can also file a police complaint, after
which the police will initiate an inquiry under the appropriate sections of the law.

• As per the Legislation, within 3 months of the incident or in case of series of incidents
3 months from the last incident a complaint has to be filed with the IC. On receipt
of the complaint, within 7 days the IC shall issue a notice to the respondent along with a
copy of the complaint. The respondent shall file his reply to the complaint along
with his list of documents, and names and addresses of witnesses, within a period
not exceeding ten working days from the date of receipt of the documents.
•The first step in the grievance redressal process is Conciliation. If conciliation fails or
the parties are not open to conciliation then Enquiry or investigation starts. The IC may
take interim action if required on the written request of the complainant like transferring
the complainant or respondent to any other workplace; or grant leave to the aggrieved
woman for up to three months in addition to her entitled leave. The IC shall complete the
inquiry within 90 days. During the inquiry process of being heard, neither party will be
allowed to bring their lawyer.
•After the Inquiry is completed, the IC will have to prepare an inquiry report giving
recommendations on the matter, within 10 days, and give a copy of the same to the
employer and the concerned parties. The employer will have to act on the
recommendations within 60 days. Timelines have been prescribed in the Act and has to
be strictly adhered to. For the purpose of Enquiry, The IC has similar powers of a civil
court – it can summon and enforce attendance of any person, examine him on oath, order
production of documents, etc.
•The Act also prohibits the publication or making known the contents of a complaint,
identity and address of the complainant, respondent and witness and any information
pertaining to the Enquiry proceedings or recommendations of the IC. Any breach of
confidentiality will result in specific consequences including a penalty of Rs 5000 to be
collected by the employer.
•If the complainant or the respondent is not satisfied by the recommendations of the IC or
non implementation of such recommendations, then they may go for an appeal to the next
appellate authority the tribunal or court within 90 days of the recommendations.

– Dr. Valathai Deepa Nair

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