The facts judged go back to July 2016, when the worker, who had been providing his services since 2005 in the Federation of Citizen Services, sent a letter to the current secretary general of CC OO PV, Juan Cruz, and Juan José Noguera himself, in which he revealed that he had been suffering dismissive and isolating attitudes by the latter. In November, following the internal channels of complaint of the union itself, it also sent letters to the management in Madrid so that initiate an investigation file. Given the lack of response, he finally chose to file a lawsuit for workplace harassment and violation of fundamental rights, which is the one that has just been substantiated.
The union central will analyze what happened and does not rule out the adoption of disciplinary measures if appropriate
In the ruling, to which this newspaper has had access, it is indicated that it has been proven that Juan José Noguera “repeatedly carried out a humiliating behavior towards the plaintiff, exceeding the limits of a subordinate relationship proper to the employment contract, affecting the physical and moral integrity of the worker. Likewise, it highlights that such a situation has occurred in a work environment, by a person with a particularly relevant position, “thus arising the joint and several liability of the co-defendant confederation for which Mr. Noguera provided his services at the time of the events”, Without the union being able to try, he adds, “to exempt itself from responsibility based on an alleged ignorance of the facts, especially due to the responsibility that corresponds to it for its obligation of security and vigilance of the labor relations that are carried out in the environment of the same”.
Thus, the court declares “the existence of harassment at work by Juan José Noguera towards the plaintiff worker, having violated his fundamental right to physical and moral integrity”, for which it condemns the co-defendants “to cease to effective and immediate way and in the future in acts of harassment at work ”, and to pay 12,000 euros in compensation.
It should be noted that against this resolution a appeal before the Social Chamber of the Superior Court of Justice (TSJ) of the Community.
Asked about what happened, the recently appointed general secretary of CC OO in l’Alacantí-Les Marines, Paco Garcia, he points out that the organization he directs is going to carefully study the technical and legal reports “to see what has happened and if we file an appeal.” The union does not rule out taking disciplinary measures with Juan José Noguera if appropriate. “Right now everything is open, but in these situations we cannot put ourselves in profile. I have spoken with him and he is surprised with the sentence, but also at the disposal of what is decided, “he says.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.