Distinct Role of ICC Member (External) - An Overview and Suggestion
While constituting ICC (Internal Committee), every Employer, Head of Institution is law-bound to nominate an Eligible Person as ICC Member (External). This Member has to be the Person Not Employed in the Establishment.
The Point to Ponder is Why to Nominate an External Member in every ICC? What is the Rationale?
The Natural Corollary seem to be
i) to ensure that the ICC functions without any external influence or suggestion or pressure or influence whatsoever, for instance, any Member
who are Employee themselves, for a reason known or unknown, is not overwhelmed by any Superior;
ii) to ensure that No bias or prejudice or personal knowledge or inputs get into ICC coming to conclusions based on Facts & Circumstances of the
Sexual Harassment Complaint Case and or the defense put up by the Respondent; and
iii) to ensure that No Arbitrariness, whatsoever, creeps into ICC Proceedings or Recommendation; and
iv) to ensure that Inquiry is conducted in accordance with the Principles of Natural Justice with which an ordinary Employee-Member may not be
well-versed with or even familiar at all; and
v) because this Member (External) possesses Hands-on reliable Experience of conducting Inquiry or Conciliation as per laid down Procedures
is proficient with Recording Testimonies of the Complainant, the Respondent, the Witnesses, with Cross-examination, WritingInquiry Report
with definite and conclusive Findings and similar activities related to Inquiry; and
vi) because such a Person is fully familiar with the Issues of S H at Workplace, understands quid pro quo and is suitably Insightful, inter alia.
Though the List of Virtues is endless, the aforesaid Qualities on the part of the External Member of the ICC are useful to any ICC.
Harsh K Sharan,
Serving Member (External) of several ICC & Spl Educator PoSH Programs
19 Sept 2017
From India, Delhi
200While constituting ICC (Internal Committee), every Employer, Head of Institution is law-bound to nominate an Eligible Person as ICC Member (External). This Member has to be the Person Not Employed in the Establishment.
The Point to Ponder is Why to Nominate an External Member in every ICC? What is the Rationale?
The Natural Corollary seem to be
i) to ensure that the ICC functions without any external influence or suggestion or pressure or influence whatsoever, for instance, any Member
who are Employee themselves, for a reason known or unknown, is not overwhelmed by any Superior;
ii) to ensure that No bias or prejudice or personal knowledge or inputs get into ICC coming to conclusions based on Facts & Circumstances of the
Sexual Harassment Complaint Case and or the defense put up by the Respondent; and
iii) to ensure that No Arbitrariness, whatsoever, creeps into ICC Proceedings or Recommendation; and
iv) to ensure that Inquiry is conducted in accordance with the Principles of Natural Justice with which an ordinary Employee-Member may not be
well-versed with or even familiar at all; and
v) because this Member (External) possesses Hands-on reliable Experience of conducting Inquiry or Conciliation as per laid down Procedures
is proficient with Recording Testimonies of the Complainant, the Respondent, the Witnesses, with Cross-examination, WritingInquiry Report
with definite and conclusive Findings and similar activities related to Inquiry; and
vi) because such a Person is fully familiar with the Issues of S H at Workplace, understands quid pro quo and is suitably Insightful, inter alia.
Though the List of Virtues is endless, the aforesaid Qualities on the part of the External Member of the ICC are useful to any ICC.
Harsh K Sharan,
Serving Member (External) of several ICC & Spl Educator PoSH Programs
19 Sept 2017
From India, Delhi
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