The Last Mile of Justice: Appeals under POSH
The POSH Act , 2013 recognizes that justice does not end with the Internal Committee’s (IC) report or the employer’s action. To uphold fairness and natural justice, it provides an appeal mechanism as the final step in the inquiry process. Step 10, The Appeal Process ensures that any party dissatisfied with the outcome has a lawful opportunity to seek review and correction. This makes POSH not just an internal policy but a legally enforceable system of workplace justice. 1. Right to Appeal Any of the following parties may file an appeal if aggrieved by the IC’s recommendations or the employer’s action: The Complainant (if the complaint is dismissed or she feels the action is insufficient). The Respondent (if he believes the findings are incorrect or penalties are unfair). Any party affected by the IC’s recommendations. 2. Timeline for Appeal The POSH Act requires that an appeal be filed within 90 days from the date of receiving the IC’s report or the employer’s action. This strict timel...