The case concerns the dismissal of a factory manager at a biosanitary waste company in Cartagena who harassed and groped female employees. The Murcia High Court of Justice (TSJ) determined the facts in its social ruling, which is accessible to the public through La Opinión. The decision states that the manager repeatedly tried to touch and pinch, kiss, and touch the chests and buttocks of workers, and that the employees avoided these advances and rejected the behavior.
In the ruling, the court describes the plaintiff’s allegations as unacceptable actions and notes that the manager treated the subordinates as objects subject to his desires or unjust impulses, harming the workers’ reputation and dignity.
The Social Court of Cartagena, to which the complaint was brought and which considered whether the dismissal was invalid or unjustified, heard from one of the women who reported the events in June 2021. She had experienced the misconduct over three years, during which she had worked for roughly a quarter of a century at the company.
“What kind of breast”
It was proven that the manager cornered employees on stairs and in other secluded areas. He allegedly asked invasive questions about the workers’ appearance and made explicit sexual remarks such as comments about clothing and body parts, including questions about breasts and past surgeries. He directed sexually explicit remarks toward them and engaged in similar behavior that crossed professional boundaries.
Other misconduct included compliments about cleavage and, on one occasion, when a worker accepted a coffee pot bought for the workplace, the manager attempted to kiss her on the lips after quickly turning his head away. The plaintiff testified that she faced repeated attempts to touch her, and she responded by shielding herself, joking, and resisting his advances, while the manager continued to press the boundary in a manner that suggested a pattern of coercive behavior.
Additional comments included phrases such as suggestions that the worker should visit the office in a more intimate context, implying a personal, sexualized motive behind professional interactions. These remarks reinforced the perception that the manager exercised control and treated employees as objects rather than professionals, a dynamic that compromised the work environment.
Saved a victim
One of the victims produced evidence in the form of messages and recordings directed at the individual. According to her account, the dismissal was justified. The defense asserted that some recordings were unaudited or potentially distorted, especially given other WhatsApp messages exchanged with the complainant up to two years after the alleged harassment began. The TSJ, however, did not find these concerns sufficient to undermine the justification for dismissal.
The court noted that although some recordings in the courtroom could not be played due to technical issues, the files on the flash drive were accessible and presented to the plaintiff for review, with ample opportunity to respond during the results summary and to safeguard against procedural defects that could render the process vulnerable.
In the court’s view, the complaints of harassment extended beyond a few touches and a kiss. When inappropriate behavior is proven within the context of labor relations, respect for professional boundaries must prevail. The court emphasized that the actor held a hierarchical position over the workers involved, which intensified the impropriety of his actions and reinforced the need to uphold proper conduct in the workplace.