Cross Examination in POSH Inquiry

The webinar is designed to provide a detailed understanding of the POSH Act, focusing on the practical aspects of compliance, the nuances of the redressal process, and the responsibilities it entails for organizations.  

Maintaining accuracy in all POSH investigations is fundamental. False allegations and forged documents can severely undermine the credibility of protective mechanisms, damaging reputations and careers irreparably. Proper investigation of claims and evidence is critical to ensure justice - protecting the innocent and penalizing the guilty appropriately. Addressing false claims and forged evidence also shields the organization from potential legal consequences. A robust system is crucial to differentiate between false and genuine complaints, preventing miscarriages of justice. Maya Sreenivasan, Subject Matter Expert from eLearnPOSH.com, will cover:

In POSH investigations, conducting interviews, holding hearings, and assessing evidence uphold the integrity of the investigation, ensure fairness, and contribute to maintaining a respectful workplace. Interviews are pivotal for fact-finding and provide insights into the incidents, aiding evidence corroboration. Hearings formalize the examination process, allowing for structured case presentations and cross-examinations in line with the principles of natural justice. Assessing evidence meticulously is crucial to establishing the veracity of claims and ensuring that findings comply with legal standards. Soma Sinha, POSH Compliance Advisor, currently serving as an External Member in 10.

The jurisdiction of the IC can often present ambiguities, posing challenges for organizations in resolving complaints efficiently. Using real-world scenarios, this webinar will explore how IC aims to clarify these ambiguities. Each scenario will serve as a springboard for discussion on how IC should approach and resolve each situation.

Examinations and cross-examinations are pivotal in the investigative process of POSH cases, ensuring fairness and adherence to the principles of natural justice. This section will cover:

On this 10th anniversary of POSH Act, eLearnPOSH is organizing a Free Annual Internal Committee (IC) Training Webinar with optional certification.

Amidst the robust framework of the Prevention of Sexual Harassment (POSH) Law, conciliation emerges as a potent mechanism. By facilitating mutual dialogue between the complainant and respondent, conciliation can steer matters towards an amicable resolution without the complexities of a formal inquiry. Dive deep into the nuances of conciliation with us in this webinar and discover how it not only streamlines grievance redressal but also fosters a more cooperative workplace environment. In this webinar, you will get to know about:

Conducting POSH inquiries and determining appropriate punishments are intricate and sensitive tasks. It’s vital to ensure that inquiries are both fair and impartial, with punishments proportionate to the misconduct’s severity. The Internal Committee (IC) needs a clear understanding of the factors that they must consider when determining punishments. In this insightful webinar, Dr. Sandhya Advani will share vital knowledge that IC members should be equipped with, especially after concluding an inquiry and finding the respondent guilty. This interactive session will delve into key areas including:

Principles of natural justice are fundamental rules of procedure that are designed to ensure that all parties involved in a legal proceeding are treated fairly. Our focus will be on the seamless integration of these principles within the framework of POSH inquiries while exploring potential challenges and practical solutions. Specifically, we will discuss the following:

The POSH Act, implemented in 2013, stands as an important legislation aimed at safeguarding women from workplace sexual harassment. It places significant emphasis on stringent confidentiality obligations for all parties involved in a harassment complaint, ensuring the protection of their privacy and fostering a reporting culture. As an IC member, it is crucial to uphold the confidentiality of the complainant, respondent, witnesses, and the redressal process. Failure to comply with these requirements can result in significant penalties.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and Rules, 2013 have laid out the duties and responsibilities of the Internal Committee Members and the Local Committee Members. However, the Internal Committee Members will inevitably have questions about where their powers end, and the powers of Local Committee begins.

A unique provision of the POSH Act is the Interim Relief that can be given to the aggrieved during the pendency of the inquiry. The Act is very particular about the fact that no relief must be punitive to the respondent. This webinar covers all the information that a IC member must know before recommending interim measures.

POSH Expert Viji Hari explained how conciliation works and answers all questions around conciliation.

With the help of case studies, inquiry report templates and anecdotes from her experience as an External Member, Dr. Sandya Advani explained the criteria, data and circumstances to be considered when writing the findings, reasoning and recommendations. She also explained how to draft inquiry reports.

Not every sexual harassment case that the IC inquires will be straight forward.

Many a time, IC members come across complaints from employees that amount to discrimination based on gender or sex but may not really amount to sexual harassment. This has led to several questions regarding the kind of complaints the IC should accept and inquire into. This webinar aims to clarify the difference between sexual harassment and gender discrimination and how IC members must go about it if they receive a discrimination complaint.

As the deadline to file the POSH Annual Report was approaching, SME of eLearnPOSH.com explained the nuances of filing the Annual Report and answered questions around it.