dismissal of the person Factory manager a biosanitary waste company in Cartagena dedicated harassing and squeezing the hips and breasts suitable for its employees, It is determined by the Murcia High Court of Justice (TSJ). As stated in his account of the proven facts of the Lo Social decision, which La Opinión has access to, he “repeatedly tried to touch and attempts to pinch, kiss, and touch the chest and buttocks He worker avoided slapping player away“.
In the judgment, the plaintiff’s some “unacceptable” actionsto add that he treated his two subordinates “as objects” at the mercy of their desires or unjust impulsesit affected his reputation”.
The Social Court of Cartagena, to which his claim corresponded and demanded that the dismissal be declared invalid or unjustified, One of the women contacted in June 2021 to the company the facts that he has been a victim of for three years. This topic was wearing quarter century working in the company aforementioned
“What kind of breast”
Likewise, it has been proven that ” cornered on stairs and other remote areas. Likewise, “how do the clothes you wear show me”, “what part of your breasts do you have”, “do you have your breasts or have you had surgery?” He gave direction to sexually explicit comments such as and others like it.”
As for other abusers, complimented her cleavageand once she went to kiss him on the cheek to thank him for buying a coffee pot for his workplace, “quickly turned his head and kissed her on the lips“.
She made comments such as “she was subjected to attempts to touch him, she avoided it by holding her arm or making fun of her, and also”. “Oops, you can come to the office more like this”referring to the division”.
Saved a victim
One of the victims provided evidence such as messages and recordings made to the individual. According to him, in fact, “dismissal is justified. unaudited or unconfirmed recordings no matter what the content or completely distorted especially for other evidence conducted for WhatsApp messages sent by the complainant to the dismissed worker up to two years after the beginning of the alleged harassment.” But TSJ disagrees with the man and upholds the decision, which properly justifies their dismissal.
In the judgment, “it is true that recordings could not be heardThe computer in s courtroom is on trial for not reproducing sound. However, once smooth operation of files located on the flash drive The records provided by the accused were presented to the plaintiff as a final step and given appropriate time to make claims against them in the summary of results, to ensure that there was no procedural defect that could lead to vulnerability”.
Same way, ” dismissal complaints they refer a few touches and a kiss it must be assumed that the plaintiff puts it into the mouth of one of the affected workers, therefore, when inappropriate behavior in the context of labor relations is attributed and proven, he will change the evidence of his reasoning to the active subject. , that is, to the actor, because, at first glance, the fact that the actor has a hierarchical position over the persons involved is clearly inappropriate behavior in working relationships”, underlines TSJ.