LexCounsel, Law Offices’ Post

𝐖𝐎𝐑𝐊𝐏𝐋𝐀𝐂𝐄 𝐇𝐀𝐑𝐀𝐒𝐒𝐌𝐄𝐍𝐓- you need to know this It is no longer only about sexual harassment - a lot more is covered under the Code of Good Practice. There is a difference between (dictionary) harassment and workplace harassment as unfair discrimination under the Employment Equity Act. What to do if the only evidence comes from the complainant and the alleged perpetrator ("he said, she said"). How does the new law on Hate Speech / Hate Crimes impact on workplace #harassment and employers' obligations. There is a list of items that employers must advise complainants of whenever workplace harassment is alleged. All of this - and a lot more - will be addressed during our upcoming workshop below. Aimed at #management, #businessowners and #HR. Don't delay - sign up today! Direct link in the comments. #humanresources #discrimination #labourlaw #discipline #ccma #employmentlaw #IR #HRBP #HRconsulting #legal

Latest update on POSH Act 2013

𝐖𝐎𝐑𝐊𝐏𝐋𝐀𝐂𝐄 𝐇𝐀𝐑𝐀𝐒𝐒𝐌𝐄𝐍𝐓- you need to know this It is no longer only about sexual harassment - a lot more is covered under the Code of Good Practice. There is a difference between (dictionary) harassment and workplace harassment as unfair discrimination under the Employment Equity Act. What to do if the only evidence comes from the complainant and the alleged perpetrator ("he said, she said"). How does the new law on Hate Speech / Hate Crimes impact on workplace #harassment and employers' obligations. There is a list of items that employers must advise complainants of whenever workplace harassment is alleged. All of this - and a lot more - will be addressed during our upcoming workshop below. Aimed at #management, #businessowners and #HR. Don't delay - sign up today! Direct link in the comments. #legal #humanresources #leadership #ccma #culture #labourlaw #southafrica #discrimination

Upscale_ Legal investigated on a complaint under POSH law i.e. Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 as an external member. Following the complaint, evidentiary proofs were reviewed in the purview of safeguarding the interests of the complainant and respondent. Under POSH it is necessary to ensure workplace equity is maintained and as lawyers fair and justifiable resolution is imparted for both the parties. The complaint required analysing of the conversations in compliance to POSH rules and regulations and giving a conclusive approach and opinion towards respecting the workplace ethics and culture as per POSH. The query also highlighted the role of ICC Committee which is the first and the foremost redressal platform to be approached under POSH. The deal team comprised of our Managing partner Ms. Rashi Suri & Legal Associate Ms. Himanshi Ahuja. #POSHInvestigation #ComplaintResolution #WorkplaceHarassment #EmployeeSafety #GenderEquality #WorkplaceCulturev #FairTreatment #GenderSensitivity #HRInvestigation #EmployeeRights #RespectAtWork #POSHAct #WorkplaceJustice #ProfessionalConduct #WorkplaceIntegrity

📢 Upcoming Compliance Webinar Alert! Join Anne Lavelle, CTR Compliance Specialist & Employment Law Expert, for a free eye-opening webinar where we will: 🔍 Distinguish between "Disparate Treatment" and "Disparate Impact" discrimination 👁️ Recognize, analyze, and prevent ALL types of discrimination ⚖️ Dive into the legal theories and types of discrimination ⚠️ Unveil how seemingly neutral policies can harbor hidden biases ⭐Gain insights into how discrimination affects different protected classes, from age to sexual orientation 📋 Learn best practices for prevention and correction This is a MUST-ATTEND for ALL Employers! 🎟 Secure your spot here: https://hubs.ly/Q02DW8lv0 #ComplianceWebinar #DiscriminationPrevention #HRCompliance #pittsburghhr #ctrpayrollhr

It’s great to see the UK continuing to focus on the obligations of employers with regard to sexual harassment. Amazingly, this continues to be an issue in many workplaces - a survey last year by the Trade Union Congress found that almost three in five women in the UK (58%) have experienced harassment at work. And it’s not just women - the Government Equalities Office's Sexual Harassment Survey in 2020 found that men also experience considerable levels of sexual in the workplace, with around 34% of men reporting that they had experienced at least one form of sexual harassment within the previous 12 months of the study. Whilst the new requirements are a progressive move forward, action is needed to ensure you are fully in compliance as an employer. Reach out today to discuss how @foundershr can help!

False complaints under the PoSH Act is a big threat.What are the punishments for filing false complaints under the PoSH Act? Only women can file complaint under the PoSH Act.(As per Law) There are women who are misusing the PoSH law by filing false sexual harassment complaints on purpose even though nothing actually happened. (The Darkest Part) This may be made out of bad intentions, like revenge or personal gain or others. But the role of the Internal Committee (IC) in investigation is very very very important. Only by thorough investigation,they can find out what’s true. (Fairness and being unbiased) Filing a false complaint is a serious offence. The "malicious intent" of the complainant has to be established by the IC (this is important) If it is proven that someone has made a false complaint, the penalties should follow the service rules. If there are no service rules, penalties will be decided based on how serious the false complaint is, and any of the following punishment can be given to the person who filed false complaint, -Written apology -Warning - Fines - Disciplinary Action -Reprimand or censure -Withholding of promotion -Withholding of pay rise or increments -Terminating the guilty from service -Undergoing a counselling session or -Carrying out community service -Legal consequences The Act aims to protect genuine victims of harassment but also ensures that no one abuses the system to settle personal scores. Misusing PoSH law against men is a big threat. Let me Santhiya L discuss how misuse of PoSH law can be prevented in my upcoming posts. Repost 🔁 to spread POSHitivity P.S: Do you think the above punishments are enough for the false complaint ? Any suggestions? #posh #POSHAct #safeworkplace #poshtrainer #poshawareness #falsecomplaint #poshexpert #WorkplaceSafety #GenderEquality #SafeWorkplaces #PreventSexualHarassment #RespectAtWork #EmployeeRights #HarassmentFreeWorkplace #WorkplaceDignity #HRCompliance #WorkCultureRevolution #workplaceharassment #sexualharassment #safeworkculture #ICmembers #hrdirectors #HRprofessionals

If you are in the HR/People or Legal field then you are very likely to know that the law on #sexualharassment in the UK is changing this month, namely on 26 October (Worker Protection (Amendment of Equality Act 2010) Act 2023). Going forward all employers will need to take steps to prevent sexual harassment in the workplace. Clearly we can't "just" update a policy, share it and expect an overnight change. The topic is likely to be a sensitive one and there's a risk that if it HR/People professionals present the new legislative change it looks like yet another "law/bureaucratic" update. I think that only by closely working with our Leaders and teams in an honest, approachable and trustworthy way we can discuss the implications of this new Law and be proactive in tackling a painful and potentially triggering topic and its ramifications. Did you know about the change and what does it mean for you? Photo from: https://lnkd.in/ecMkx7B5

𝗠𝗮𝗱𝗿𝗮𝘀 𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗪𝗼𝗿𝗸𝗽𝗹𝗮𝗰𝗲 𝗦𝗲𝘅𝘂𝗮𝗹 𝗛𝗮𝗿𝗮𝘀𝘀𝗺𝗲𝗻𝘁 𝗗𝗮𝘁𝗮 The Madras High Court has emphasized the mandatory responsibility of both Central and State governments to maintain records of workplace sexual harassment complaints under the POSH Act of 2013. This came to light during the court's decision on a public interest litigation that sought better implementation of the Act, ensuring the presence of Internal Complaint Committees at workplaces, and monitoring of hostels under state legislation. 𝗞𝗲𝘆 𝗧𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀: 𝗢𝗯𝗹𝗶𝗴𝗮𝘁𝗶𝗼𝗻 𝘁𝗼 𝗠𝗮𝗶𝗻𝘁𝗮𝗶𝗻 𝗥𝗲𝗰𝗼𝗿𝗱𝘀: Governments are required to track and record all complaints filed and actions taken under the POSH Act. 𝗠𝗼𝗻𝗶𝘁𝗼𝗿𝗶𝗻𝗴 𝗥𝗲𝘀𝗽𝗼𝗻𝘀𝗶𝗯𝗶𝗹𝗶𝘁𝗶𝗲𝘀: Both tiers of government have specific roles in overseeing the application of the law, depending on their jurisdiction over workplaces. 𝗟𝗲𝗴𝗮𝗹 𝗥𝗲𝗱𝗿𝗲𝘀𝘀𝗮𝗹: In instances of non-compliance, affected individuals have the right to seek redress through appropriate channels. #poshact2013 #workplace #Madrashighcourt #workplaceharassment #InternalComplaintCommittees

Kerala High Court Criticizes Flawed ICC Investigation in Workplace Harassment Case In a recent ruling, the Kerala High Court highlighted critical gaps in an ICC investigation involving workplace sexual harassment, emphasizing the need for fair, neutral, and timely inquiries. This decision serves as a powerful reminder for companies to ensure robust, unbiased processes that protect the rights of all employees. Read the full article to understand the implications for workplace conduct policies and compliance. https://lnkd.in/gg_3XNrr #WorkplaceHarassment #LegalUpdate #EmploymentLaw #KeralaHighCourt #FairInvestigation #HRCompliance #IndiaLawLLP Shiju Pv K P Sreejith Vinod P Veettil Shrishail Kittad Adv Nidhi Singh Abdullah Qureshi Shyam Mohite Ashwin R Anneppanavar Suresh Palav Aaushi Shah Doshi G.P. Yash Vardhan Pranava Charan Tannya Baranwal Nim Dem Dorjee Rahul Sundaram