A young lady trainee HR reply to the candidate regrets that we do not hire Non-(specific religion). A FIR is lodged in mumbai police yesterday. Head HR writes back and try to clearly the contents and admit the error of lady trainee .
-it is academic question for all of us , who shall be held responsible for this crime , young lady HR trainee , head HR or the organisation.
Since it is a criminal complaint, it would require, proving the offense without element of doubt. The management will defend saying that she was trainee and did not have the know how of the policies. Also that she was not authorized to write back on behalf of the company.
In my view a criminal liability in this case would be difficult to prove, but yes a civil liability and claim for damages could be sustainable.
As per vicarious liability it is organisation on whose behalf the lady trainee responded. However internally organisation can take action against lady trainee that why did she reply
like this on her own without such a company policy.
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