Courts Reiterate Mandatory POSH Compliance for All Employers
In recent months, multiple High Courts have reiterated that the constitution of an Internal Committee under the POSH Act is mandatory for every organisation employing ten or more persons. Courts have clarified that non-constitution of the committee itself amounts to statutory non-compliance, irrespective of whether a complaint has been received.
Employers have been reminded that failure to comply may attract penalties and adverse judicial inference.
Internal Committee Findings Subject to Judicial Review
Recent writ petitions before High Courts have challenged Internal Committee reports on grounds of procedural lapses and violation of natural justice. Courts have held that while IC findings carry weight, they are not immune from judicial scrutiny, particularly where principles of fair hearing are compromised.
This has reinforced the need for ICs to strictly follow prescribed procedures.
Employment Terminations Linked to Personal Conduct Examined Closely
Labour courts have recently examined termination orders arising out of personal disputes at the workplace. Judicial forums have reiterated that disciplinary action must be supported by documented misconduct and cannot be justified solely on perceived reputational risk.
Employers have been directed to distinguish between personal conduct and professional misconduct.
Use of Official Email and Devices Admitted as Evidence
Courts and tribunals have continued to admit official email records and digital logs in employment disputes, provided authenticity and access control are established. Judicial observations indicate that communication on official platforms cannot be treated as private in nature.
This has implications for both employers and employees in workplace disputes.
Confidentiality Breaches During Disputes Draw Legal Action
Recent cases have involved employees accused of sharing confidential company information during personal or employment disputes. Courts have reiterated that contractual confidentiality obligations survive disputes and termination, unless expressly waived.
Such breaches have attracted injunctions and damages in civil proceedings.