The PoSH Committee at every workplace is led by the presiding officer, also known as the chairperson. She is not a post-stamp leader – the law has envisioned an important role for her to play in preventing, prohibiting, and redressing sexual harassment at the workplace.
In Chapter 2, the law on prevention of sexual harassment lays down guidelines on how to form a PoSH committee. One of the guidelines is on the nomination of a presiding officer.
(a) a presiding officer who shall be a woman employed at a senior level at workplace from amongst the employees
Some companies may not have senior woman employees on the role. We’ve written about what they should do in such a situation. But the law is silent on what exactly a Presiding Officer is supposed to do. Why is a presiding officer necessary, and how does her role differ from internal members?
The need for a presiding officer
Assume you’ve got a complaint. It falls under your jurisdiction as a case of sexual harassment at the workplace.
The respondent happens to be a senior member of the company.
You begin the investigation, but quickly realise that the respondent is not taking it seriously.
They haven’t shared their official response to the complaint. They have started pressurising the complainant’s manager to assess her performance.
They keep delaying requests to fix a time for the hearing. They are stalling the investigation, and you seem powerless to address it.
Who could help in this situation?
This is where the seniority of a presiding officer acquires relevance.
Her high position in the company infuses the IC with authority. Her presence creates seriousness around the proceedings. The inquiry’s legal mandate becomes clear – it is not just another compliance to be followed. Most importantly, the presiding officer’s position within the organisation can ensure that every involved party cooperates with the inquiry.
Presiding officer vs internal member
In essence, the presiding officer is bound by the same responsibilities as an internal member. These include:
- ensuring they complete their mandatory training
- staying free of conflict of interest/bias
- completing inquiries fairly and on time
- encouraging women to come forward when they have concerns
However, they do differ in one key aspect.
Rule 7 on the law on prevention of sexual harassment states:
(7) In conducting the inquiry, a minimum of three members of the complaints committee including the presiding officer or the chairperson, as the case may be, shall be present.
What does this mean?
The presiding officer’s presence is mandatory at the PoSH committee’s every meeting or hearing. Without her, the PoSH committee becomes legally invalid. Drawing on this, the presiding officer also signs off on all PoSH-related documentation. This includes inquiry reports, transcriptions, and annual returns. This would also include special meetings with either party, such as the complainant or the respondent, if they wish to speak only with one member of the committee.
Does the Presiding Officer have special decision-making powers?
No, the law does not accord any special authority to a presiding officer as a decision-maker. Every member, whether they are the PO or an internal member, has an equal say. What this means is that the committee does not have the option of voting to come to a conclusion. This means that the entire committee must come to a decision on the basis of a well-reasoned, unbiased consensus.
However, the Presiding Officer is considered the guiding light of the committee. She is expected to use her official authority and extensive experience of working in the organisation as a woman employee to ensure the Committee works towards eradicating sexual harassment at the workplace. Nominating the right person for the role is critical to ensuring a safe workplace for all employees.