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

3/2/2023

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;

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