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Author Topic: Job Removal due to False Sexual Allegation - No ICC formed  (Read 624 times)

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Offline vifi

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Job Removal due to False Sexual Allegation - No ICC formed
« on: December 06, 2017, 02:44:28 AM »
Dear Sir/s,
While I was working in a company, I was removed from my job forcibly in response to a false sexual harassment allegation. I had in written & verbal explained the HR that the person I was trying to remove/relocate was not performing her duties inspite of several warnings. The complainant (lady) was not directly reporting to me but her boss was who in turn was reporting to me. I had full proofs that she was in dual employment and demanded her to pay attention to her current job. She falsely implicated me. I demanded for an inquiry to be conducted & setup of an ICC. However, without any inquiry and ICC being formed, I was literally forced and threatened by my HR to resign. Later I came to know that they had removed the said complainant, too.
This all has caused a great amount of grief and loss to my reputation and earnings. During the final process the HR promised to help me give good recommendation to my future prospective employers but I lost opportunities twice inspite of being finalized in new organizations due to bad reference checks. I discussed this with the HR and they informed they had no knowledge whom have given my referrals.
I am currently unemployed and in distress/depression..
I wish to know :
1. What are my Legal rights & how can I sue my previous compnay
2. What kind of claims I can make (loss of job earnings, reputation, mental grief etc)
3. Any Lawyer who can help me fight this case as I have full proofs of my demand to set up an inquiry committee which the company did not do..

Thanks

Offline psdhingra

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Re: Job Removal due to False Sexual Allegation - No ICC formed
« Reply #1 on: December 06, 2017, 09:08:37 AM »
There is a set procedure for inquiry only after which the accused can be removed from service if found guilty. But you have mentioned nothing about the process adopted by the HR before removal. Even you have not stated what reason of termination was mentioned in your termination order. Please make the things clear, if there is any truth in your case.
*P S DHINGRA*, with 47 years of practical experience, is the renowned name in providing the Best Practical Solutions for Your Complicated Legal, Executive, Professional & Personal Problems

Offline vifi

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Re: Job Removal due to False Sexual Allegation - No ICC formed
« Reply #2 on: December 07, 2017, 02:24:00 AM »
R/S, as I have mentioned that I was not terminated but forced to resign against my will. I was surrounded by the HR wasn't allowed to come out of the the room or to speak to anyone.
I was informed that an Internal Council Committee will be formed for an inquiry which I too wanted to happen (and I demanded to set up an ICC for inquiry as per the procedure, in writing), however it did not happen.
I firmly believe that I was denied to present my case & proofs in front ICC (which Company never formed as per law).
All the time they were worried of their reputation.
Also they removed the other staff after few days.

Sir, if was not truthful than why should I be contemplating fighting my case legally in court.

Thanks

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