The Supreme Court of the Commonwealth of Valencia, TSJ, Social Court No. 1 of Benidorm, delivered a new ruling regarding allegations of workplace harassment involving Juan Jose Noguera, the general secretary of the Citizens’ Services Federation in l’Alacantí-Les Marines. The decision states that the actions in question did not infringe the worker’s rights and, consequently, exempts both the employee and the trade union organization from the 12,000 euro compensation previously imposed on the complainant. [Citation: TSJ ruling summary]
The employee identified as Rafael García initiated a complaint in 2016. The court at first found that Juan José Noguera had repeatedly demonstrated abusive behavior toward the plaintiff, behavior that exceeded the normal bounds of an employer-employee subordination relationship and affected the physical and moral integrity of the worker. As a result, both Noguera and the CC OO were ordered to pay compensation. [Citation: initial court decision]
The decision was subsequently appealed to the TSJ, which issued a ruling aligning with the accused. The appeals court concluded that there were no signs of fundamental rights violations based on the proven facts, characterizing the disputes as specific conflicts rather than a pattern of repeated harassment. [Citation: TSJ appeal ruling]
The ruling emphasized the need for objective, clear, repetitive, and consistent data to narrow the interpretation of harassment. The court stated that a single act does not constitute harassment and that such an assessment cannot be drawn from isolated, isolated incidents alone. [Citation: harassment standard]
According to the decision, the examined matter involves a contradictory situation that could contribute to depressive symptoms partially observed in the plaintiff. However, the court asserted that this does not prove a fundamental violation of the worker’s rights. [Citation: contextual assessment]
The CC OO reacted with a statement expressing satisfaction with the sentence while also criticizing the previous ruling for the damage it caused to individuals and the organization. In the wake of the earlier decision, Juan José Noguera resigned from the position but was later re-elected as general secretary following a congress held in March 2021, signaling continued support from the federation. [Citation: union response]
The union and Noguera have argued that the case arose in a timeframe when one of the witnesses backing the complainant was pursuing a candidacy for internal elections within the federation. Noguera noted that several leaders within the union section faced harassment and that he and others received severe disqualification articles. [Citation: internal elections context]
The secretary-general added that the ongoing internal dispute led to suspensions of militants, with the reporter still a member of the union despite being on medical leave. The broader takeaway is that workplace conflict, when viewed through the lens of internal politics and organizational dynamics, can produce disputed judgments and complex dynamics among union leadership, members, and the broader workforce. [Citation: ongoing conflict overview]