• Mental harassment, discriminating treatment, and barred from growth


I would like to have your suggestion whether I can sue my employer based on below facts. I feel I am being discriminated / exploited and purposefully being mistreated and barred from growth citing baseless reasons. I have raised this issue with my HOD 5 years back he tried to solve but later on he moved to higher position and now again same thing happening that too openly & repeatedly.

1)	I have been working with this organization from last 13 years ( starting 1 year on contract). 
2)	Earlier our organization was with Indian company (majority shareholder was with Indian management so we were catering local Indian customer with sporadic business from our main Europe office)  with support from our main Europe company, some 5 years back Indian management sold their majority stake to our Europe head office, so now Indian management control 25% while Europe has majority of 75% stake. Still till date overall same Indian supervisors /  managers / leads etc… control the day today activities i.e business as usual. But, now the company internally is split into 3 business units as per instruction from Europe head office, One unit caters Indian client, other to our Europe client and the third one to Europe client but for different kind of project. It is a practice that engineers from one Business area are moved to different business area as per need of business, since overall its one company.
3)	3 years back I was moved to Europe business with verbal communication as being lead for a specific activity of my area. Accordingly I was deputed to Europe and then I returned to carry business as usual.

This is overall status of my in the company, I am in a middle manager  / senior person in the organization.

Strain relationships with my Senior – 

1)	There are group of seniors who have unity and play politics were they promote motivate only to those who cater to their vanity. To rest all they mistreat them, scold them in a very bad manner, don’t give them resources / information to function. As mentioned above I had complained about this 5 years back to one of the senior most person.
2)	As soon I joined the Europe business I was treated properly based on my experience as Lead for my field accordingly the work was given even after completing my deputation to Europe I was treated properly, but recently a year ago one of the Senior from Indian business was moved to Europe business as HOD of my department. No sooner did he joined he started abusing me, forcing me teach to my juniors all the technicalities of my Europe business . At present there is no work in my Europe business still he wants me to teach them so that he can kick me out of the business unit. He does not gives me work, since I  am the sole senior experience person in the Europe business unit who knows the technical work rest all are juniors who don’t know in detail. Our work is sharing work with Europe and currently the load is such that barely one person can do work. I told him that whenever new assignment comes which will require more engineer I will train them accordingly. But, he does not agrees treats me like an engineer (and not has a senior, I am the third most senior person in the Europe business unit almost next to him). He does not asks for work for me from Europe head office. Since he is HOD, takes decision related to my area without discussing with me although I was being told I am lead. 
3)	Stating no work in Europe business unit , he says I am idle man-power so can be used for Indian business (this happens with other engineers too, but for my technical work I am the only one for which work is there but he does not takes it). Accordingly, he kicked me from Europe business unit to Indian business unit for a period of 1.5 year.
4)	My ordeal started when I was working in Indian business unit. These group of cruel seniors (along with my Europe business senior) in our Indian business starting harassing me like anything. I was made Lead for a particular Indian business project. I was not given any resources to meet deadlines, assistant was given late, too much work was given to complete within deadline, In fact wrong technical decisions were taken by my seniors and when questioned by client ,they replied it was done by me since I am lead. Forcefully telling to sit late &  come on Saturday’s /  Sunday’s. Giving wrong appraisal for me with baseless & using abusive language. ( I have written communication of discrimination of all this i.e point no. 4)
5)	Now, there is work in my Europe business unit related to my area but he does not gives to me, but gives it to my junior stating you are not maintaining personal relationship so I am giving work to somebody else. Again making me idle and shifting to Indian business unit playing same politics over and again. He is sending my juniors to deputation to Norway and shifting me to Indian business.

Please advice whether I can go to Labor court on this since it has been happening from last 5-6 years. My compensation and Grade is also not as per company standard because of this politics. There is mental tension also. Giving too much work with deadlines which cannot be met. Every time demotivating that your performance is not good.

Best Regards
Asked 2 years ago in Labour from Mumbai, Maharashtra
1) As you are in the Mid Managerial position you can not approach the Labour Court for a relief as you are not treated as a workman per definition.

2) Your grievances are relating to work environment and the discrimination meted out to you by a particular Senior Manager or Managers in general that you report to. By the nature of the grievance you have, you must approach the Management or the HR Department that the seniors are reporting to.

3) You need to exhaust all possible Departmental/ Organizational remedies  before you seek any outside remedies including filing a civil suit in a court of law, more so because company policy does not permit filing a suit against a colleague without permission from the company.

4) You must write to the HR Head or The Management Head even if that happens to be based in Europe. Most companies have policies whereby your identity will be kept secret until proper reports or investigation is completed based on your complaint.  
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

labour court is not your option as you are in a managerial position.
take the complaint within the organisation and take dispute put up with the troublesome immediate bosses.
If you feel you are not heard , and the personal vendetta continues you should file a criminal complaint .

finally if things don't work think about better prospects, resign as  per the rules after giving notice.If the company fails to pay you  your dues approach the civil court for recovery of arrears and damages  with interest.
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

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