Yes, a workplace harassment complaint can, in many cases, be filed even after an employee has resigned, depending on the facts of the case and the applicable legal provisions.
Key points:
- Complaint after resignation: Resigning from employment does not automatically prevent a former employee from filing a complaint regarding workplace harassment that occurred during their employment.
- Internal complaint mechanism: If the complaint relates to sexual harassment at the workplace, a former employee may approach the employer's Internal Committee, subject to the applicable legal requirements and limitation period under the law.
- Time limit: Complaints should generally be filed as early as possible. In certain cases, the relevant authority may consider delays if there are valid reasons for not filing the complaint earlier.
- Preserve evidence: The complainant should retain emails, messages, call records, photographs, witness details, medical records (if applicable), and any other documents that support the allegations.
- Other legal remedies: Depending on the nature of the harassment, the complainant may also approach the police or other competent authorities if the conduct amounts to a criminal offence or violates other applicable laws.
- Seek legal advice: Since the appropriate remedy depends on the facts and the applicable laws, obtaining legal advice can help determine the best course of action.
