When an Employee-Respondent seeks options such as conciliation, compromise, mediation, or an out-of-Internal Committee (IC) settlement after the aggrieved woman-complainant declines the option for conciliation under Section 10 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, citing the twin principles of natural justice for equal opportunity, the IC must navigate this situation with utmost care and adherence to the law.
Guidance for Internal Committees:
- Understand Legal Framework: The IC should have a clear understanding of the legal framework provided by the SHWW Act, ensuring compliance with the provisions related to sexual harassment complaints at the workplace.
- Respect Natural Justice: While considering the respondent's request for alternative dispute resolution methods, the IC must ensure that the principles of natural justice are upheld, providing fair and equal opportunities to both parties involved.
- Consult Legal Experts: In complex cases where the respondent seeks alternative resolution methods, it is advisable for the IC to seek guidance from legal experts well-versed in employment laws and dispute resolution mechanisms.
- Maintain Confidentiality: Throughout the process, confidentiality must be maintained to protect the identities of both the complainant and the respondent, ensuring a safe environment for all involved.
- Document Everything: Keep detailed records of all proceedings, including the respondent's request for alternative resolution methods, discussions held, and any agreements reached, to ensure transparency and accountability.
- Consider Organizational Policies: Review the organization's policies on dispute resolution and ensure that any decisions made align with these policies while also complying with the legal requirements of the SHWW Act.
- Seek Mutual Agreement: If the respondent seeks conciliation, compromise, mediation, or an out-of-IC settlement, the IC should facilitate discussions between the parties to reach a mutually agreeable solution while upholding the principles of natural justice.
By following these steps, the IC can effectively address the situation where the respondent seeks alternative resolution methods while upholding the principles of fairness and justice in handling sexual harassment complaints at the workplace.