Q. What types of complaints are entertained by Provincial Ombudsman (PHWWP)?
A. The complaints that fall in the definition of Harassment at Workplace as per the Act, 2010 are admissible.
Q. What types of complaints are not entertained by Provincial Ombudsman (PHWWP)?
A. Provincial Ombudsman (PHWWP) does not entertain complaints about:
Service/Administrative grievances.
- Private matters
- Domestic violence.
- Family matters/disputes.
- Cases subjudice in another forum under the Act, 2010.
- Harassment but not at workplace.
Q. Does Provincial Ombudsman (PHWWP) entertain anonymous complaints?
A. No, the Provincial Ombudsman (PHWWP) does not entertain anonymous complaints.
Q. How much does it cost to make a Complaint?
A. The services provided by Provincial Ombudsman (PHWWP) are free of cost.
Q. Can I file a complaint directly to the office of the Ombudsman (PHWWP)?
A. Yes, a complainant has an option to either file his/her complaint to the inquiry Committee within the organization or directly to the office of the Ombudsman (PHWWP), Sindh.
Q. How much time does the Competent Authority legally need to impose the penalty Recommended by the Inquiry Committee?
A. The Competent Authority shall impose the penalty recommended by the Inquiry Committee under sub-section (4) within one week of the receipt of the recommendations of the Inquiry Committee.
Q. Is the Organization bound to offer Compensation to the complainant in case of loss or other damages?
A. The organization may also offer compensation to the complainant in case of loss of salary or other damages.
Q. Will a member of Inquiry Committee Continue to work if a complaint of sexual Harassment has been filed/ made against Him / Her?
A. In case a complaint is made against one of the members of the Inquiry Committee that member should be replaced by another for that particular case. Such member may be from within or outside organization.
Q. Where an appeal should be filed against the decision of the Competent Authority?
A. Any party aggrieved by decision of the Competent Authority on whom minor or major penalty is imposed may within thirty days of written communication of decision prefer an appeal to an Ombudsman established under section 7.
Q. Are public sector organizations also bound to constitute Inquiry Committees?
A. Yes, as per Act, 2010 every private and public sector organization has to constitute inquiry committees.
Q. What is the composition of the Inquiry Committee?
A. It shall comprise of three members one from senior management, at least one-woman member and one member from CBA or a senior employee where there is no CBA.
Q. What if the organization is unable to designate three members from organization?
A. In such a situation, one or more members can be co-opted from outside the organization.
Q. Can the employer punish a complainant for complaining about sexual harassment?
A. No, as provided in Section-3 of the Act, 2010 “The Protection against Harassment of Women at the Workplace” the employer is bound to constitute an Inquiry Committee within his organization to conduct inquiry into the cases of sexual harassment. Therefore, the employer cannot punish the complainant on making such complaint, if he does so, it would be a violation of the aforementioned Act.
Q. How shall the Inquiry Committee proceed if the allegations levelled against the accused are found to be false and made with mala fide intentions?
A. The Inquiry Committee may recommend to Ombudsman for appropriate action against the complainant.
Q. What action can Appellate Authority take on the decision of the Competent Authority?
A. The Appellate Authority may, on consideration of the appeal and any other relevant material, confirm, set aside, vary or modify the decision within days in respect of which such appeal is made.
Q. Where can appeal be filed against the decision of the Ombudsman?
A. Any person aggrieved by a decision of Ombudsman may, within thirty days of decision, make a representation to the Governor, who may pass such order as he may deem fit.
Q. What kinds of services are offered by the office of the Ombudsman to the victims of Sexual Harassment?
A. The office of the Ombudsman (PHWWP), Sindh offers pro-bono legal & psychological services to the victims of Sexual Harassment.
Q. What are the powers of the Inquiry Committee?
A. The Inquiry Committee shall have power;
- to summon and enforce attendance of any person and examine him on oath;
- to require the discovery and production of any document;
- to receive evidence on affidavits; and
- To record evidence.
The Inquiry Committee shall have the power to inquire into the matters of harassment under this Act, to get the complainant or the accused medically examined by an authorized doctor, if necessary, and may recommend appropriate penalty against the accused within the meaning of sub-section (4) of section 4.
The Inquiry Committee may recommend to Ombudsman for appropriate action against the complainant if allegations levelled against the accused are found to be false and made with mala fide intentions.
The Inquiry Committee can instruct to treat the proceedings confidential.
Q. What is Sexual Harassment?
A. Any unwelcome Sexual advance, request for sexual favours or other verbal or written communication, including electronic communication or physical conduct of a sexual nature or sexually demeaning attitude, causing interference with work performance or creating an intimidating hostile or offensive environment or the attempt to punish the complainant for refusal to comply with such a request or is made a condition for employment.