Workplace Harassment in the Digital Realm: Rajasthan High Court’s Judgement

Judgement Given On : 11/01/2021

In a significant legal development, the Rajasthan High Court, in the case of Sanjeev Mishra vs. Bank of Baroda, has broadened the definition of ‘workplace harassment’ to encompass online harassment. This landmark ruling, delivered on January 11, 2021, extends the scope of sexual harassment in the workplace to include instances where employees are located in different regions and harassment occurs outside official working hours. Sanjeev Mishra, the Chief Manager of Bank of Baroda’s Jaipur Branch, allegedly sent explicit and inappropriate messages to a female employee of the bank, even though they were in different states at the time of the alleged harassment. The complainant had previously worked in the same branch but had been transferred to a different state. She was situated in that state when the offensive messages were sent by Mishra.

The key findings of the court included-

  1. Expanding the Definition of Workplace:
    • The court emphasized that in today’s digital world, the concept of a workplace extends to employees working for the same organization, even if they are in different branches or states.
    • This expansion of the workplace definition is especially relevant in the era of remote work, where employees may not be physically co-located.
  2. Jurisdiction and Geographical Location:
    • Mishra argued that the disciplinary authority had no jurisdiction over him because he and the complainant were in different states.
    • The court rejected this argument, ruling that on a digital platform, employees working for the same organization, regardless of their physical location, share a common workplace.
  3. Working Hours:
    • Mishra also contended that the messages were sent outside of office hours, making them exempt from workplace harassment claims.
    • The court countered this argument by asserting that for senior-level positions like Chief Manager, working hours cannot be strictly constrained to traditional office hours (e.g., 10:30 am to 4:30 pm).
    • Therefore, messages sent after official working hours could still fall within the purview of misconduct under the relevant regulations.

The Rajasthan High Court’s ruling in the case sets an important precedent in the digital age, recognizing that workplace harassment can occur across geographical boundaries and outside traditional working hours. The decision highlights the need for organizations to address online harassment comprehensively and ensure a safe working environment for all employees, regardless of their physical location. It also underscores the evolving nature of workplace harassment laws to adapt to the changing dynamics of modern workplaces.

This case serves as a reminder to employers to implement robust anti-harassment policies and mechanisms to prevent and address online harassment, even when employees work remotely. It emphasizes that the digital workplace is not confined by physical boundaries and that employees should be protected from harassment regardless of where or when it occurs.

In summary, the Rajasthan High Court’s ruling reaffirms the commitment to fostering safe and inclusive workplaces in the digital era, offering employees protection against harassment that transcends physical and temporal boundaries.