You should inform the committee of the specific breach and ask it to act on the existing recorded conciliation. The proviso to section 11(1) provides for inquiry, or the appropriate police forwarding, where the woman reports that the respondent has not complied with the settlement terms. Do not silently treat a new email as a fresh complaint about the original incident. Attach the recorded terms and evidence showing which obligation was broken.
Was this actually a section 10 settlement?
Obtain the document before choosing the route. Section 10 requires the committee to record a settlement reached through conciliation and forward it to the employer or District Officer, with copies supplied to the woman and respondent. An informal conversation with HR, an apology message or a private arrangement that never reached the committee may not have that status.
Check the document's date, parties, committee reference and terms. If the only record is an email saying "matter resolved", ask for the actual settlement recorded by the committee. The breach provision cannot be applied sensibly without knowing what the respondent was required to do.
How do I show non-compliance?
Match each allegation to a term. If the agreement required no direct work messages, attach the later message and identify the account, date and context. If it required a specified apology by a date, show the obligation and what was or was not received. If it required training organised by the employer, distinguish the respondent's obligation from an administrative task the employer failed to arrange.
| Recorded term | Alleged breach | Evidence |
|---|---|---|
| No direct contact about work | Direct messages after the effective date | Original messages with dates and sender details |
| Written apology by an agreed date | No apology, or a different document | Settlement and subsequent correspondence |
| Specified work separation | Roster places both people together | Roster and evidence of who controlled the change |
These are illustrative categories, not standard terms required in every settlement. Use only the terms actually recorded. Do not enlarge a promise after the event by describing every unpleasant interaction as a breach.
What should the application ask for?
A concise request can say: "I inform the committee under the proviso to section 11(1) that the respondent has not complied with clause [number] of the settlement recorded on [date]. The breach and supporting documents are set out below. Please acknowledge this intimation and take the statutory next step on the existing complaint." Ask for a written response and the next hearing or procedural direction.
Keep new incidents separate from the breach account. If a later event is itself sexual harassment, state that and address its own filing date under section 9. A new incident should not disappear merely because it also violates a no-contact term. Conversely, a disagreement about an administrative promise does not automatically establish a new sexual-harassment allegation.
Will the committee immediately punish the respondent?
No. The breach route permits the matter to proceed through the statutory process. It does not make the original allegations proved without inquiry. The respondent must have the applicable fair opportunity to answer, and the committee must evaluate the material. Where the domestic-worker police-forwarding branch applies, that is a different procedural route.
Preserve the original complaint, settlement, breach intimation and receipt. Ask for employer-held evidence to be retained before it is overwritten. If the breach creates an immediate safety concern, make a separate written request describing the practical arrangement needed while the process resumes.
What if HR says the word "closed" prevents any further action?
Section 10(4) ordinarily stops further inquiry once settlement is reached, but the section 11 proviso expressly addresses non-compliance. Ask HR to place your intimation before the competent committee instead of treating its closure label as the legal answer. If the committee refuses, obtain that decision and reasons in writing and take advice on the appropriate challenge.
Do not negotiate through public posts or circulate the settlement around the office. Section 16 protects conciliation and inquiry information. The useful next action is a documented clause-by-clause breach request to the committee, not a new argument about the entire history with every manager copied.
Read the general POSH procedure and our answer on challenging a committee recommendation for the adjoining stages.