Manager fired for kissing a colleague? Court says it is not sexual harassment-- Tells company to rehire him
Sometimes life is stranger than fiction, and a weird incident that happened in China is a proof of this. A recent report reveals that a senior manager in eastern China— who is identified only as Lin— was fired back in 2015.
The reason: he allegedly hugged and kissed his female colleague, who is known as Shi, on an office staircase. The company called it sexual harassment and cited CCTV footage as proof to terminate him.
However, Lin denied the accusation and took the matter to court. While the first court sided with the company, citing misconduct, Lin appealed— and the tables turned.
In a strange twist, Shi-- the woman who was involved in the case, told the court that Lin never misused his power and that they had a good relationship. Supporting his case, a higher court ruled in Lin's favour, ordering the company to rehire him and pay compensation for lost wages. Lin's salary? A whopping ₹1.34 crore a year!
The court also said there was no concrete rule broken, nor any evidence of Lin using his position for personal gain.
The company's strict 'moral standards' weren't official policy— making the firing legally unjustified.
The company's identity remains undisclosed, and the marital status of both individuals is still unknown.
Meanwhile, had a similar incident happened in India, a case of sexual harassment would have been handled quite differently as such incidents are guided by the POSH Act (2013). In India, companies are required to conduct a fair internal investigation before taking any disciplinary action.
They cannot act on their own, unlike in the China case. Instead, an Internal Complaints Committee (ICC) must be involved in such matters.
If the woman involved clarifies that there was no harassment or misuse of power, the ICC has the authority to close the case without taking action. However, even if not deemed harassment, such behavior might still be considered unprofessional—especially given India's conservative workplace culture.
Displays of affection at work, even if harmless, can easily spark criticism or gossip. If an employee is wrongfully terminated, he has the right to take the matter to court, seeking compensation or reinstatement. But legal proceedings in India can be long and drawn out, often taking years.
While trade unions may step in to support the employee, their influence is limited in the private sector.
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