The Legal Decode Episode 2 on Protection against Harassment of Women at Workplace Law

Описание: The Legal Decode on Protection against Harassment of Women at Workplace Law featuring Sahar Bandial and Nida Usman Chaudhary.

Key Judgements provided by Advocate Sahar Bandial:

2024 - Amina Hassan v Sharjeel Shahid (FOSPAH), `khushali Bank In light of this more nuanced understanding –– FOSPAH – 5 million Rs. fine – gender based discrimination – denied promotion opportunities and forced to resign; the way in which her severance package was handled – put up before board when not so for men; ex-gratia benefits (retention of car) denied

2024 – Javeria Yasir v CAA (FOSPAH) –woman appointed on compassionate ground on Family Assistance package death of her husband – continued need to present no marriage certificate – gender discrimination.

2021- PLD 2021 Lah. 598 Maimoona Rajab v Province of Punjab – (an administrative failure does not amount to harassment)

On the question of jurisdiction

Transprovincial nature determinative

PLD 2019 Lah 17 Imran Maqbool v MCB (per J. Ayesha Malik)

Followed in 2024 LHC 3259 WP 47872/2022 Tariq Shiekh v Federal Ombudsman


Where cause of action occurred determinative

PLD 2016 Lah. 433 – Salim Javed v Federal Ombudsman

PLD 2018 Kar. 581 SZABIST v FOSPAH

2021 PLC (CS) Isb. 1563 Jubilee Life Insurance Company v Federal Government

2023 PLC (CS) Isb. Note 1 Nadia Batool v Federal Ombudsperson


The President and Governor as the final fact finding forum

PLD 2022 SC 783 – Uzma Naveed v FOP– President can change the penalty imposed. Minor penalty – converted to majory penalty of remove of service; ombudsperson only imposed fine

PLD 2024 SC 795 - Raja Tanveer Safdar v Tehmina Yaseen - Ombudsperson and the Governor both are forums of fact where parties can lead their evidence for a factual determination---Therefore, the Order of the Governor will be the final order on the factual side, which cannot be then challenged before the High Court in constitutional jurisdiction in the form and substance of a second appeal on the facts of the case