Harassment at workplace is something which is rampant and the supreme court had ussued guidelines to be followed by organisations and based upon that an act has been passed by the parliament.

A sexual harassment internal complaint committee must be formed in every organisation. Does your organisation has this committee? There are various other safeguards for women. You should give a legal notice to your former boss

Regards 

Discrimination on te basis of sexual orientation is a serious issue. You should take it to the top management and describe how you and other employees have been her victims.

You cannot file for defamation as she hasn't publicly ridiculed or said false things about you.

Other employees should  also give their complaint along with you.

For giving false reports against you, you can file a defamation case against her, if that report was made public 

You also have the recourse of approaching the Police because defamation is also a tort in law. However I doubt if Police will do anything in the matter. Nevertheless you can report to Police and mark a copy to the lady and your company

You cannot interfere in the company's action on this.

The company has taken action on the basis of its investigation which it fell right and appropriate.

You also were provided with the relief.

However the present problem is that she has given an adverse annual report against you.

Since you are aggrieved over this report, you may make a representation in writing to the top management about this by enumerating all the incidences that had taken place in the past and that the reporting officer had given this adverse report against you with vendetta to wreak vengeance on you for making a complaint against her.

Since you do not want to lose your job, you may have to maintain a low profile instead of always maintaining an agitated mood.

You are the better person and judge of your own situation hence take wise decision at right time.

1.  Are you interested in taking up your case or her case ?

If you are keen on getting a clean chit for you against the adverse report made by her in the annual appraisal report, then you should concentrate on highlighting your own merits and may point out her mal-intention behind her report.

You can bring to the notice of the authority concerned that she is intentionally doing this to wreak vengeance on you for the reason that you had made a complaint against her in the past and the management found her guilty, etc.

You may enumerate all those things that had taken place in the past the action taken by the management on this.

2. No legal case can be initiate agaisnt this until and unless yo have evidences in black and white to prove her reports are false, but by then you will be sacked by the company for seeking legal help without exhausting the remedies available within the company.

3.  Read the 1st answer above, instead of taking action against her, you should concentrate on the relief that you require now.

4. There is no question of defamation.

Her false report  about your annual appraisal report do not constitute any element for filing a defamation case.

1) you should submit complaint to MD against adverse report submitted by your earlier reporting manager 

2) mention that on account of your written complaint t against her she has submitted adverse report against you 

3) you would not lose your job as you are being harassed because you are gay 

In your email state detailed facts of your case as to how you were harassed by your reporting manager , complaints made by you , investigations fine by company and findings by company 

2) mention that she has been vindictive in her response and hence adverse report to get you fired 

3) wait for company response don’t file defamation case against her 

First it is not a case of defamation. The casevwould be rejected outright.

You can take legal action. But you have to prove that harassment was caused to you, beyond reasonable doubt. Firing by boss  under normal circumstances is not considered as harassment. 

Being employer they will always have an upper hand to protect their official. 

Law is always there with you . Problem is court can not put a straight jacket formula for your working situation . Nor you can go to court for each and every unnecessary disturbance caused to you by you boss. 

So think over it. After winning one case if you again feel disturbed in your work place, then suitability of the job may be in question.

First of all give your clarification that annul report is infected with bias and vengeance. Since she has issued warning from management on your complain which  was find true after due inquiry, so this is can be easily inferred that the reporting by her is not neutral.

And also agasint the principal of natural justice that same person is writing a review about the performance of employee who has been accused of misusing her seat. So performance appraisal can be decide and hold on her report. And due to no availability of neutral performance report due to misdemeanor of reporting manager, you are entitle to performance appraisal in routine.

No remedy in law until she raise and defame your sexual orientation.

You can narrate all things from day one of your employment and manager skill , torture, mental harassment in your email.

Than send legal notice and finally file defamation case against her.

Firstly you need to give a written complaint about the whole incident to your company's HR team and MD. There may be a separate designated person for work place harassment in your company. They may resolve your complaint. 

This is my response to you:

1. Firstly file an official complaint to HR;

2. The HR should investigate and file a report thereafter;

3. If you are dis-satisfied with the report then you may file an appeal to the appellate authority of the disciplinary committee;

4. If the same does land in your favour, then challenge the same in the High Court;

5. Consult a local lawyer, discuss full facts and take steps.

You should send a complaint against that manager again to top management for taking strict actions against her or otherwise you are going to file complaint against that manager with police and can file case in court against management and manager.

1. Yes you can do so

2. You can file for civil and criminal defamation against her

You will have to write your plea through an Advocate, now that the case looks like it has gone out of control. Please ensure to write the fact that you fear your job might go, which is causing you mental trouble. 

If there is a zero tolerance policy, you should write it to the sexual harassment committee and bring all your correspondences on record. 

1. You cannot compel your higher management to fire this manager. Even a court cannot order the employer to terminate her.

2. You have a remedy against this manager in the form of a  suit for damages if you have evidence to prove that she acted against you out of ill will. 

3. Defamation case is not made out in the given scenario.