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you got a complaint from a female employee that she was assulted sexually by one of her colleagues What action will be taken ?
Dear Mr.Feras
Before taking a final call on this critical issue get deep into the matter and try to establish the fact and finally handover the case to local law enforcement department and let the case be settled as per the law of the land.However as HR Head ensure that the case is handled with great caution so that the modesty of the female is not tested further and see that the company ensures safety of all female employees and the victim is compensated as per the rules.
Need to hear them separately and work history, professional rapport is an important tool in this case. Now, if she claims that such bad intention is being done to her then work place is covered by CCTV camera then we could take help from such recording.
First investigation to make clear after this if her statement found right, terminate both of them and hand over case to law and enforcement agencies.
Generally business organizations are not equipped to deal with criminal cases. The question asked is about 'sexual assault' which is a criminal offence. though the company can conduct a preliminary enquiry to verify the facts, the decision that it may arrive at will not be binding on either of the employees except for matters relating to their continous employment. it is also likely that legal complications are involved in case of arbitrary decisions. the affected employee should be advised to approach law enforcement authorities and assistance may be provided if need be.
during the course of investigation by law enforcement authorities, the employees can be kept away from each other so that it does not affect the functioning of the place of work. the company can also enforce, through the employment contract, to keep the employees under suspension till completion of investigations in case of criminal cases. once the law enforcement authorities complete their investigations, decision as per the company's hr policy can be implemented on erring employees.
Follow the "Anti-sexual harassment policy" as it exists in the organization, and as per laws of the land. Points to note:
1. No delay, immediate action
2. Fairness
3. Don't prescribe an out-of-court settlement
4. Follow the law rigidly - even if there's pressure to go easy on it
5. Go to the law enforcement authorities