Najma had filed a complaint of sexual harassment against her colleague Kartik. However, during the course of the inquiry, the Internal Committee (IC) uncovered new details suggesting that Kartik had reprimanded Najma on multiple occasions for minor infractions at the workplace. These reprimands included instances of her arriving late, failing to meet work expectations, and not following standard reporting protocols. It was also revealed that Najma’s overall performance had been under review by her manager even before the alleged incident occurred.
This scenario raises a complex but not uncommon challenge, how should the Internal Committee handle situations where a complaint of sexual harassment is interlinked with potential disciplinary concerns? Should these issues influence the Committee’s understanding of the case, or should they be treated as entirely separate matters?
Understanding the overlap between sexual harassment and disciplinary issues
Sexual harassment cases are rarely straightforward. In many instances, investigations bring to light issues that are unrelated but still relevant to workplace conduct — such as performance concerns, attendance issues, or interpersonal conflicts. When these issues emerge, it can become easy for biases to creep in, consciously or unconsciously, influencing the Committee’s perception of credibility.
The Internal Committee’s role, however, is not to decide who is the “better employee.” Its mandate under the PoSH Act, 2013 is to determine whether the alleged act of sexual harassment took place and whether it violated the dignity and safety of the complainant. A disciplinary concern does not diminish the seriousness of a harassment complaint, nor does it automatically suggest malicious intent on the part of the complainant.
Maintaining confidentiality and neutrality
The first and most crucial principle for the IC is confidentiality. During an inquiry, information regarding Najma’s performance or Kartik’s disciplinary actions should remain restricted strictly to the members of the Committee. Discussing such information outside the IC or with unrelated colleagues not only breaches confidentiality but can also affect the fairness of the process.
Confidentiality helps build trust with both the complainant and the respondent. When employees see that the IC is impartial and protects sensitive details, it encourages faith in the system and increases reporting rates.
Conducting parallel and impartial investigations
In situations like Najma’s, the IC should advise the organisation to conduct two parallel inquiries, one addressing the PoSH complaint and another addressing any disciplinary or performance-related issues. This separation is essential to ensure that neither investigation influences the other.
For instance, if Najma’s performance issues are discussed within the sexual harassment inquiry, it might unfairly colour the perception of her credibility. Similarly, if Kartik’s actions as a supervisor are scrutinised in isolation without reference to the harassment complaint, key contextual information could be overlooked. Each investigation must therefore proceed with its own scope, process, and documentation.
Following due process
Due process is the cornerstone of every fair investigation. Both Najma and Kartik must be given the opportunity to present their version of events, respond to evidence, and question inconsistencies. The IC should record all statements objectively and ensure that no personal opinions or assumptions influence their observations.
Transparency in process, not in information sharing, is the goal here. The IC should communicate timelines, rights, and next steps clearly to both parties while maintaining confidentiality around the specifics of evidence or testimony.
Considering contextual and behavioural factors
Context matters — and in cases where multiple workplace issues are involved, understanding the broader relationship between the complainant and the respondent becomes vital.
For example, Kartik’s previous record as a supervisor, whether he has a history of similar complaints or if his actions are consistent with company policy, can provide valuable insight. Likewise, Najma’s performance record should only be considered relevant if it directly relates to the incident in question, such as if her alleged “latecoming” became a pretext for harassment or coercion.
The IC should strive to understand the power dynamics at play. Sexual harassment often occurs in situations where one party holds real or perceived authority over another. Kartik’s repeated reprimands of Najma could, therefore, be part of a pattern of control or intimidation rather than isolated disciplinary actions.
Developing balanced and corrective measures
After both inquiries conclude, remedial measures should aim to promote accountability and learning, not punishment for its own sake. For the PoSH case, if the allegations are proven, the organisation must take proportionate disciplinary action as per its policy. For the performance or conduct issues, constructive feedback, training, or counselling may be appropriate.
The key is to ensure that the disciplinary process remains independent of the PoSH investigation; neither complaint should be used to dilute or retaliate against the other. For instance, if Najma’s performance is poor, that can be addressed later through HR channels, but it cannot be used as justification to dismiss her complaint.
Upholding organisational integrity
When the Internal Committee follows the correct procedures, maintaining confidentiality, separating processes, and evaluating evidence objectively, it ensures that accountability is upheld across all levels. This approach protects both the integrity of the PoSH process and the organisation’s reputation.
Ultimately, fairness is not just about reaching the right conclusion but about ensuring that the process leading to it is transparent, unbiased, and just. By tailoring their approach to the unique circumstances of each case, Internal Committees can navigate overlapping disciplinary and harassment issues effectively while fostering a workplace culture rooted in safety, respect, and empathy.
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