Ink & Shades Marketing Solutions (ISMS) founded by Mr.

Akshay Raheja, a visionary

entrepreneur who believed that a positive work culture propelled not only the company's
success but also the growth of its employees. It is a vibrant marketing company situated in
Kelhi, Indica. ISMS is known for its innovative campaigns and dynamic workforce. ISMS
prides itself for its diverse workforce. The company garnered the prestigious ‘MARK-IT
AWARD’ in December 2022 for providing the best working environment to its employees.

Ms. Aashika Saxena joined ISMS as a Media Assistant in 2016 and was promoted to Senior
Marketing Executive in 2022. Her commitment and innovative ideas helped the company
secure significant clients over the years. Ms. Saxena’s professional journey was progressing
well, until she decided to take a break from her career to start a family.

Ms. Saxena took a maternity leave from August 2022 to February 2023. During this time, she
underwent certain health complication that came along motherhood. Once she regained her
health, she was looking forward to resume office from February 15, 2023.

Upon re-joining the company, within few days, Ms. Saxena realized that the office dynamics
had changed. She noticed that she wasn't being included in decision-making meetings, as if her
time away had rendered her expertise obsolete. Her suggestions on ongoing projects were
brushed aside, and she was made to feel like an outsider in the team she had once been an
integral part of, and even lead on some occasions. Failing to understand why her expertise and
experience were being disregarded, Ms. Saxena decided to directly address her concerns to her
seniors, and inquire about the underlining cause of the problem. Her seniors offered her
reassurances that they welcome her wholeheartedly and there was no cause for concern. Ms.
Saxena was not convinced with this response as she felt seniors and juniors alike refused to
acknowledge her previous contributions to the company's success and did not treat her with
due respect.

With recent ‘MARK-IT AWARD’ honour, ISMS had attracted global attention. One such
corporation, Flare International, was keen on establishing a tie-up to expand its presence in
Kelhi. The partnership would be mutually beneficial, enabling employees to gain exposure to
international markets and opportunities. Mr. Raheja finalised the terms of agreement, and the
parties signed the contract on the visit of Ms. Fiona CEO of Flare International in September
2022.

On the other hand, while adjusting and settling into the new environment, Ms. Saxena
discovered that she had been denied a bonus worth Rs. 40,000. Delving deeper into the issue,
she found out that the bonus was linked to a certification course, which she had been unable to
attend owing to her maternity leave. She was not informed of this certification while she was
on leave, or even after she joined in May 2023. Ms. Saxena felt it was improper of the company
to have never informed her of such a certification. Ms. Saxena’s anguish was glaringly obvious
when she a realised that her appraisal for the past year had been the lowest (merely 4%) in the
office. Additionally, she was asked to work under her junior Mx. Harpreet for the upcoming
commercial for TVV Batteries, a brand that Ms. Saxena got for ISMS.

Feeling undervalued and disregarded, Ms. Saxena decided to address her concerns with her
superiors again. However, her attempts to communicate her feelings were futile and her issues
remained unresolved.

To compete with the global market standards ISMS introduced a training program (Feb 5, 2023
to Feb 11, 2023) which was conducted by certified professionals. Ms. Saxena was told that
employees who completed this training were allotted new projects with the high profile clients.
The said training enhanced their performance and they became eligible for bonus, as per client’s
feedback. The company informed Ms. Saxena that due to logistical and financial reasons, they
will not be able to conduct the training again for a single employee. Ms. Saxena was asked to
complete this training on her own, bearing the cost of the certification (2800 USD) or wait until
next year when ISDS would conduct this training again. However, Ms. Saxena would not be
entitled to work on new projects or receive the bonus unless she completes this training. Ms.
Saxena stated it would be challenging for her to travel with an infant, however, she would be
willing to do it if the company reimbursed the cost she would incur in this process, that is travel
cost and the tuition fees. She further stated that maternity leave was her right and she was
never informed of such a training, or its importance, or else could have considered resuming
office a few days earlier.

ISMS denied her requests by stating that high profile clients demand highly trained employees
and they don’t want to risk their reputation or relationship with the client by allowing Ms.
Saxena to work on such cases even though she is an experienced employee. The company
further stated that their policy on bonus payments are uniformly applied to all their employees
and no exception can be created for Ms. Saxena.

ISMS also stated that their policy of not giving her bonus is in line with The Maternity Benefit
Act, 1961 as Ms. Saxena was given due remuneration during her time of leave. The ISMS also
stated that Ms. Saxena did not give a 4 week notice for her maternity leave, as per the policy
and yet they accommodated her request because of her health reasons. She only applied for the
leave a week prior to the date from which she wanted the leave. Ms. Saxena did not even
communicate any such plans to the members of her team or her superiors for the work
allocation to be managed efficiently. Since the tie-up with Flare International was around the
corner, ISMS faced a major setback as they had to replace Ms. Saxena. In this process, they
also suffered economically as some of her assignments were unfinished. Flare International
had also taken notice of the same.

Ms. Saxena has now filed her resignation to the HR station stating she would like to resign
from such a discriminatory and hostile work environment. She has also made her intention of
filing a law suit against the company. ISMS is aware of the bad reputation such a lawsuit can
potentially attract and also fears that some of the older clients that worked with Ms. Saxena
might leave ISDS and start working with Ms. Saxena in the company that she is planning to
start.

At ISMS, a systematic discord management body is in place to manage conflicts between

employees or the employers and employees. The body resolves any disagreement or issue in
an unbiased manner, fostering trust and maintaining harmony within the organization. In an
attempt to resolve this issue amicably, the HR office has offered to initiate a mediation with
Ms. Saxena. They have now appointed you as the mediator for this conflict. How would you
facilitate the discussion or the negotiation process between the parties?