There are many reasons due to which malicious complaints are filed :
*To exact revenge against a fellow employee
*Bring down the name of the company
*For having some immediate monetary benefits
*Gain publicity that may help gain sympathy
*Any personal relationship in the workplace gone wrong
*To disparage/blackmail senior executives for getting promotions or other perks
If a man is guilty of a sexual offense in the workplace, then he is liable to be punished under the provisions of the POSH Act but what if someone maliciously implicates a man in such a case? How he can save his career and reputation from the catastrophic results of such accusations and the repercussions of being called a sexual delinquent.
In this section, we will address harmful POSH allegations and explain how our legal assistance can help you preserve your job and reputation.
Understanding the POSH Act’s Provisions for False Complaints
Section 14 of the POSH Act 2013 addresses this issue of the false complaint by giving provisions of punishment for the complainant. In case the complaint is found to be untrue and filed with malicious intent then, the internal complaints committee can take action on the complainant.
What You Can Do if Trapped in Malicious POSH Complaint?
1.Keep calm and cooperate with the internal complaints committee that handles cases of sexual harassment of women at the workplace. If you are innocent and provide full support to investigating team in their research, then this will work in favor of you to proclaim innocence.
2.Section 18 of the POSH Act 2013 gives the respondent the ‘right to appeal’ against the recommendations or findings of the investigating team of the internal complaints committee. This acts as a deterrent to any false complaints and prevents the misuse of power granted to the internal complaints committee.
3.In order to provide the investigating team with your version of events and demonstrate your innocence, gather all the information regarding the claimed occurrence and provide the names of all witnesses.
4.If the allegations are too serious to wait for the outcome of the investigation by the internal complaints committee then hire an advocate to look after the case or seek legal help to protect your career and reputation from the damage.
5.Proceed with the mutual conciliation option if it can resolve the conflict without a confrontation with the other party. This will prevent you from developing more tension and opponent.
Effects of Malicious POSH Complaints on the Accused
For the victim’s safety, the majority of organizations adhere to the practice of suspending the accused offender until the internal complaints committee’s inquiry is complete. Therefore, if an innocent guy is accused of such a crime, false accusations of sexual harassment have the potential to ruin his life. For the accused, it results in financial hardship, social disgrace, and mental anguish.
Who is a Harasser and who is Harassed?
It’s a prevalent misconception that encounters between male supervisors and female subordinates are the only instances of workplace sexual harassment. It isn’t true, though. All coworkers, including the following, are susceptible to it:
1. Superior may be harassed by a subordinate;
2. Men can be sexually harassed by women;
3. Same-sex harassment- men can harass men; women can harass women;
4. Offenders can be supervisors, co-workers, or non-employees such as customers, vendors, and suppliers.
What are the Penalties of False Complaints-
If it is proven that a person has made false complaint, the penalties awarded should be in accordance with the service rules. In case, no such service rules exist, based on the severity of the complaint, any of the following penalties can be awarded to the guilty:
*Reprimand or censure
*Withholding of promotion
*Withholding of pay rise or increments
*Terminating the guilty from service
*Undergoing a counselling session or
*Carrying out community service