The Federal Constitutional Court has ruled that a sexual element is necessary for action under the law meant to protect workers from harassment.
The court held that the harassment law cannot be applied to every general complaint and that complaints without a sexual element do not fall within the jurisdiction of the Federal Ombudsman.
A three-member bench led by Chief Justice Aminuddin Khan heard the appeals, while Justice Ali Baqar Najafi authored the 18-page detailed judgment.
The court set aside the Islamabad High Court’s 2024 decision and restored the order of the president.
According to the judgment, not every improper or unwelcome behaviour amounts to sexual harassment. The court said the harassment law cannot be used for every complaint of a general nature.
It ruled that complaints without a sexual element are outside the Federal Ombudsman’s jurisdiction, while inappropriate behaviour may be dealt with under service rules through disciplinary action.
The court said the purpose of the law is to protect women and men from sexual harassment in the workplace.
It also held that the president is competent to hear representations against the Federal Ombudsman’s decisions, while a high court can interfere in such matters only on limited constitutional grounds.
The case involved two bank officers who were dismissed by the Federal Ombudsman. The president later converted their dismissal into a warning, but the Islamabad High Court had overturned that order and restored the ombudsman’s decision.
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