An appeal is a formal request made to the higher authority to review and change the decision of the lower authority. When a party is dissatisfied with the decision or outcome of a particular case, an appeal can be made to seek a review and possible reversal or modification of the decision made by an authority, which can be a court, tribunal, or any decision-making body by a higher authority such as an appellate court or review board that has the power to review and change the decision.
An appeal is a crucial legal aspect that aims to rectify errors made in the application of law and ensure fair investigation process as it provides every individual with an opportunity to protect their interests and rights against possible miscarriages of justice. Our legal system ensures that every decision of a legal body or committee is subject to an appeal, thereby establishing a strong framework for justice. Under the Prevention of Sexual Harassment (PoSH) Act, 2013, it is explicitly stated that an appeal can be filed within a period of 90 days. The act also outlines the appropriate courts and forums where an individual, depending on the nature of the organization and specific rules applicable can file an appeal if they are dissatisfied with the IC’s ruling.
However, one prevalent question among organizations and employees is whether an internal appeal against the decision of the IC should be made to the employer or management executive of the organization before approaching external bodies such as designated courts and tribunals. This internal appeal would involve the employer reviewing the IC’s decision, potentially offering a more relevant and timely resolution.
The PoSH Act is silent on internal appeals to be made against decisions of the IC, indicating that it neither explicitly encourages nor prohibits such appeals. This stems from the clear assignment of designated roles by the IC and the employer as outlined in the act. The IC is entrusted with investigative and decision-making authority, while the employer is responsible for implementing the IC’s rulings. These defined roles ensure that organizational interests do not interfere with fair resolutions in cases of workplace sexual harassment, prioritizing the rights and well-being of employees.
Regardless of clearly explained responsibilities, situations may arise where an employee disagrees with the Internal Committee’s decision, due to various reasons and may escalate the matter prompting the employer to review the IC’s decision. As an employer, it is important not to ignore an appeal made by an employee. However, it would be against the law to review or question the IC’s decision directly, as this would interfere with the investigation process that the act entrusts the IC with. Thus, in such situations, the employer should reassure the employee that the IC is empowered by law to make impartial decisions. Yet, if the employer suspects bias or procedural lapses, they should review the investigation process followed by the IC, identify gaps if any, and ensure compliance with the law, instead of questioning the IC’s decision as the former act of reviewing the process will be held as a commitment towards making sure investigation is completed without any conflict of interest but the latter might be challenged in court as interference and misuse of power by the employer.
Understanding these nuances is crucial for both employers and employees to navigate the appeals process effectively and uphold the principles of justice and equity in the workplace. Employers must navigate this landscape carefully acknowledging and addressing employee concerns while adhering to legal boundaries. This approach not only upholds the spirit of the law but also ensures that internal procedures are efficiently managed and respected.
For more information on Internal appeals during PoSH as well as other nuances of the PoSH Act get in touch with our Centre of Excellence at info@kelphr.com, call +91-9500129652, visit www.kelphr.com
About Kelp
Established in 2013, Kelp’s mission is to deliver the best HR solutions to businesses and enhance workplace environments across industries. Over the past decade, we have served over 800 clients in India and internationally, focusing on PoSH (prevention of sexual harassment at the workplace), D, E & I (Diversity, Equity & Inclusion), and Mental Wellness offerings. While our services span various areas, our core goal remains consistent: to foster safer, more inclusive, and productive workplaces.
For inquiries about our services related to Prevention of Sexual Harassment (PoSH), Diversity, Equity, and Inclusion (D,E &I), Mental Wellness, please reach out to us at info@kelphr.com or call +91-95001-29652. Our advisors will tailor customized offerings to suit your organization’s needs.
