Sixteen women complain sexual harassment
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FOSPAH enhances penalty from ‘compulsory retirement’ to dismissal from service The Federal Ombudsperson Secretariat for Protection Against Harassment (FOSPAH) has dismissed an appeal filed by a departmental employee and enhanced the penalty from compulsory retirement to dismissal from service with immediate effect. The decision was taken after thoroughly reviewing the appeal of the said individual who had moved the FOSPAH for turning down the departmental decision of compulsory retirement. According to details, the case originated from complaints lodged by 16 female employees of a public sector department who alleged repeated acts of harassment including unwelcome physical contact, intrusive conduct and creation of a hostile and intimidating work environment. A duly constituted departmental inquiry found the allegations substantiated and recommended compulsory retirement which was subsequently imposed by the competent authority. Upon appeal lodged by the said employee, FOSPAH examined the entire record and upheld the findings of the inquiry. It concluded that the proceedings were conducted in a fair transparent and lawful manner and that full opportunity of defence had been afforded to the appellant. The Forum found no procedural irregularity or denial of due process. The appellant admitted to engaging in physical interaction with a female colleague but sought to describe the conduct as unintentional. FOSPAH held that such a plea has no legal value as harassment is determined by the effect of the conduct on the aggrieved person rather than the intent of the accused. The consistent and corroborated testimonies of multiple complainants established a sustained pattern of unwelcome behaviour and ruled out any possibility of misunderstanding or isolated occurrence.