🌟 Empowering Voices: Ensuring Safe Workplaces 🌟 I'm heartened by the recent decision of the Madras High Court to set aside the deadline for reporting serious offences under the POSH Act. 📍This ruling acknowledges the complexities victims face and respects their need for time to come forward with their stories. 📍Justice Chakravarthy's insightful observation about the impact of sexual harassment is particularly poignant. 📍He highlights that such acts often place victims in a "dilemma," where fear of "secondary or tertiary victimisation" prevents them from speaking out. 📍At its core, this decision reinforces the understanding that serious incidents of harassment causing mental trauma should be treated as a 'continuing offence'. This not only supports survivors but also sends a powerful message to workplaces nationwide. It emphasizes the importance of fostering environments where individuals feel empowered to speak out against harassment without fear of timelines or repercussions Do you think such a step will encourage victims to come forward in organizations? https://lnkd.in/gzGx3FMF #Poshact #sexualharassmentatworkplace #madrashighcourt #sexualabuse
Viji Hari ⚡️Sexual Harassment, Diversity Inclusion, Wellness’ Post
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Community workers and lawyers! Do you support people who’ve experienced sexual harassment in the workplace? Join us for a free webinar to learn what types of conduct and behaviours may be considered sexual harassment, and find out how #LegalAidQld can help people to take action after experiencing sexual harassment. Presenters Nick van Buuren and Jacob Montford, lawyers from our Civil Justice Services team, will discuss: ▪️ the prevalence of sexual harassment in Australian workplaces ▪️ the types of conduct that can be considered workplace sexual harassment ▪️ case studies ▪️ what people can do if they experience sexual harassment ▪️ how Legal Aid Queensland can help and how to refer clients to us. Register here: https://ow.ly/mtme50SY8j3 #communitylegaleducation #accesstojustice
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Do you find the new law confusing and not quite sure how to go about implementation of good practice in your setting / organisation/ charity ? Let us do the worrying for you . We can advise and help you implement robust systems that will ensure you are compliant, and your staff are aware and onboard .........
From 26 October 2024, employers will be under a new legal duty to take reasonable steps to prevent the sexual harassment of staff at work. SARAC (Sexual Abuse and Rape Advice Centre), based in Burton on Trent can help you and your employees to address sexual harassment and support anyone who has experienced it. Contact the team on 01283 535110; email: staff@ sarac.org.uk; Website: saracd.org.uk
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I will be giving a short presentation about upcoming employment law changes and practical advice for implementing these into your business. If you would like to attend please let me know!
Calling all business owners! Your duty to prevent your staff from sexual harassment is changing. Do you know what to do? The rules on collecting and distributing staff tips is changing on Tuesday! Have you updated your Tips policy? If you said no to either of the above, please join us online at BNI Live on Tuesday 1 October at 7am, where Employment Solicitor Laura Smith will be sharing tips on how to prepare for these changes and more. You will also meet many other professionals looking to network and pass business. If you are interested, please contact Laura Smith via Linkedin or at laura.smith@ebl-mr.com #bni
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During a PoSH awareness session last week, I pondered an insidious scenario (which has likelihood of being overlooked), where an abuser extorts abusee for sexual favors in a workplace and the abusee *ends up* giving consent under duress. Surprisingly, it's considered as 'mutual-consent' and not covered by PoSH Act. I just found out that there's an Law & Order episode (Season 5, Episode 8 | Virtue) which covers this. McCoy uses a charge of "larceny by extortion" against a councilman whose former colleague claims he demanded sex in exchange for a law-firm partnership. Powell (Defense Attorney): This has to be a joke. "Larceny by extortion"? That's when the mob says, "Pay up or I'll burn down your restaurant." McCoy (Public Prosecutor): "Sleep with me or I'll destroy your career." Same thing. I think this must be incorporated in the PoSH Act, plausibly a revised version of it. Because, a consent outta coercion isn't a consent outta free-will. P.S. The PoSH Act does pursue this behavior of abuser as harassment *only* when the abusee doesn't give consent and reports the incident, which is the premise of this problem. #POSH #women #workplace #SexualHarassment #SexualAssault #law #legal #India #world
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🔍 Understanding the legal boundaries around what employers can ask about sexual assault and rape is crucial for both employees and employers. ✅ This blog breaks down the differences and provides important insights. 👉 Check it out here: https://lnkd.in/daJgStyF #sexualassault #rape #employerlaws #workplacepolicy #legalknowledge #hrtips #awareness
Sexual Assault vs. Rape: What You Need to Know - consultlegally.com
https://consultlegally.com
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What is the difference between Sexual Misconduct and Sexual Assault? View our article here: https://lnkd.in/ekQVA7UT #innovation #management #employersolutions #socialmedia #smallbusiness #largebusiness #director #employeeengagement #employmentlaw #newlaw #solutions #ideas #employertips #stopsexualharassment #education #training #humanresources #chiefofstaff #chiefexecutiveofficer #headofhr
What is the difference between Sexual Misconduct and Sexual Assault? - Stop Sexual Misconduct
https://stopsexualmisconduct.co.uk
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Singapore's Protection from Harassment Court is making strides in combating online harassment and abuse, offering valuable lessons for lawmakers, policy writers, and professionals working in victim support and online safety around the world. - Removing Barriers to Justice: The simplified application process for protection orders, where individuals can apply without a lawyer, demonstrates a commitment to making legal recourse accessible and empowering victims to take action. - Prioritizing Victim Safety: Expedited protection orders, processed within days or even hours in cases involving violence, underscore the importance of swiftly responding to threats and prioritizing victim safety. - Adapting to Evolving Threats: The court's focus on addressing emerging forms of online harassment like cyberbullying, doxxing, and deepfakes highlights the need for continuous adaptation and innovation in victim support strategies. This focus on accessibility, timely interventions, and adaptability is aligned with Singapore's commitments made at the 88th session of the United Nations Committee on the Elimination of Discrimination Against Women in May. If you need help (SG-based): 1. SheCares@SCWO Hotline: 8001-01-4616 WhatsApp: +65 6571-4400 2. Aware’s Sexual Assault Care Centre +65 6779-0282 3. National Anti-Violence and Sexual Harassment Helpline 1800-777-0000 https://lnkd.in/gC89ksme #violenceprevention #onlinesafety #threatmanagement
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The Madras High Court has made a landmark decision, stating that victims of serious sexual harassment incidents that cause "grave mental trauma" and "stress" can report and seek investigation at any time, without being limited to a three-month window. The court has taken a broad interpretation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act to ensure that serious allegations against perpetrators are addressed. Specifically, the court has ruled that sexual assault or molestation will be considered a "continuing offence", meaning that the victim can seek action against the accused at any time, without being bound by the three-month deadline set forth in Section 9 of the POSH Act. Implementing a robust and comprehensive POSH policy and procedures is non-negotiable for any organization. Effective training for all employees and POSH committee members is crucial to create a culture of zero tolerance for sexual harassment, ultimately ensuring a safe and respectful work environment for all women. #posh #saferworkplace #hrriskadvisory
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In a recent judgment, the Madras High Court has expanded the rights of aggrieved women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “PoSH Act”). The decision (link below) clarifies the application of deadlines for reporting sexual offenses, potentially offering the aggrieved women greater flexibility in seeking justice. The PoSH Act prescribes a time limit of 3 months for filing complaints against sexual harassment. However, in the present case of R. Mohanakrishnan v. Deputy Inspector General of Police (W.P. No. 10707 of 2024, W.M.P. Nos. 11796 and 11797 of 2024), the Court introduced a crucial distinction observing - in cases of severe sexual assault causing "grave mental trauma," the deadline may not be a limiting factor (link below) for the aggrieved woman to file a complaint. The Court distinguished between isolated incidents of misconduct, which require timely complaints and serious allegations of sexual assault or molestation, which are considered "continuing misconduct" until redressed or reported. The Court's reasoning centers on the recognition that severe sexual assault can inflict lasting emotional distress on the aggrieved. This trauma may hinder the aggrieved woman’s ability to come forward immediately, causing delays in reporting. By acknowledging this reality, the Court allows for complaints to be filed even after a significant lapse in time (in this case, 4 years), as long as the assault caused "grave mental trauma." This judgment represents a significant victory for women who face sexual harassment at the workplace. It empowers them by acknowledging the complex emotional impact of such experiences and grants them more time to pursue legal recourse. What are your thoughts on this judgment? Think it’s fair? Let us know in the comments below and reach out to Rainmaker for further queries or assistance on PoSH matters. https://lnkd.in/g23Q3xuX https://lnkd.in/dwKCJCnU 📞 +91 90290 00180 ✉️ info@rainmaker.co.in 🌐 https://rainmaker.co.in/ #PoSHAct #WorkplaceHarassment #Rainmaker #VictimRights #LegalRecourse #MentalTrauma #JusticeForWomen #WorkplaceSafety #HarassmentReporting #CourtRuling
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The new legislative obligation to prevent sexual harassment is an anticipatory duty, which expects employers to identify and assess the various situations employees are placed in and what the firm can do to help prevent sexual harassment occurring. This new duty supplements the existing requirements in discrimination and harassment – taking an in-depth look at the risks inherent in how we work. The SRA’s position mirrors the legislation, and goes further by emphasising the need to promote equal standing between the firm and staff when dealing with matters of personal concern. Developed by a former SRA Regulator, Leading Minds offers a complete suite training that takes into account the new legislative requirement and the SRA’s position on both sexual harassment and bullying. If you are interested in learning more about how to implement new legislative requirements whilst also adhering to SRA guidance, you can schedule a consultation on info@leadingmindsglobal.com #riskmanagement #riskandcompliance #workplaceculture #leadersinlaw
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