WHAT ARE THE CONSEQUENCES IN CASE THE COMMITTEE IS NOT CONSTITUTED OR IMPROPERLY CONSTITUTED?

The Employer shall be liable for prosecution before the Court. For instance, this is one of the case.

The employee who had a fundamental right to a workplace free of sexual harassment, had complained about sexual harassment. According to the Court, had the organisation complied with the Vishaka Guidelines and set up such a Complaints Committee, the preventative benefit would have been three-fold:
1. Ensured a place where women employees could seek redress;

2. Sent a clear message to the workplace that such complaints would be enquired into by a specially designated committee with external expertise;
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3. Prevented a series of litigation that followed.

Hence, the Madras High Court awarded Rs. 1.68 crores in damages to an employee for the non- constitution of a Complaints Committee by the employer, as per the Vishaka Guidelines (at the time of the complaint, the Sexual Harassment of Women at Workplace Act 2013 had not been enacted).

Ms. G v. ISG Nova soft Technologies Ltd. Madras High Court (Crl.R.C.No.370 of 2014 order dated 02.09. 2014. Original Petition No.463 of 2012

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