Imagine this: A young girl sits silently before an IC panel with a brave look on her face a watery eyes. A campus recruit who landed a job in a good company which assured her of a safe workplace. She is far away from her small hometown not knowing how to withstand the pressure of an internal emotional storm. What began as her attempt to assert her voice has spiralled into a long drawn out enquiry where unending procedures are to be followed . The POSH complaint is not confidential anymore and she is surrounded by relentless whispers in office corridors and judgmental stares from her colleagues. Should she simply withdraw her complaint? Should she it push forward demanding strict punishment for the perpetrator who is an established resource in the Company? Or should she simply resign and not show up?
What should the IC do in such a delicate situation where the complaint is not established and yet it’s not disproved?
The IC which must be a trained panel must follow a balanced approach to preserve the Complainant’s dignity maintaining absolute fairness towards the Respondent which is easier said than done. The enquiry must be based on empathy, awareness, and the courage to ask and listen, so that an informed and factual correct finding can be reached at the earliest. Guiding principles of natural justice, confidentiality and sensitivity should be the north star for the IC. The most effective interim remedial action should be taken before proceeding with the enquiry.
To be a legally trained IC is not adequate but the IC should be one which is visibly impartial, approachable and humanitarian to achieve this balance. Build your IC’s capability. Make your workplace safe, aware and empathetic.