A Barcelona judge has validated the dismissal of Carmen Macías, former compliance director at TMB, for workplace harassment. The court rejected claims her firing was retaliation for probing allegations against other executives.
The Social Court in Barcelona has confirmed the lawful dismissal of Carmen Macías, who served as compliance director at Transportes Metropolitanos de Barcelona (TMB), after finding credible evidence that she harassed a subordinate. The ruling, issued after a detailed review of the case, determined that Macías engaged in conduct that constituted workplace bullying, including persistent criticism, exclusion from meetings, and assigning unattainable objectives to the affected employee.
The court's decision dismissed Macías's argument that her removal was linked to an internal investigation she had initiated into alleged misconduct by several TMB executives. According to the judgment, the company substantiated its case by documenting a pattern of degrading treatment, such as relegating the employee to administrative tasks, recommending colleagues avoid contact with him, and subjecting him to humiliating remarks and outbursts. The incidents reportedly began after the employee joined Macías's team in 2018 and escalated over time.
Macías had sought reinstatement, claiming her dismissal was a direct consequence of her role overseeing TMB's internal reporting system and her involvement in investigating a complaint of harassment against other managers. However, the judge found no evidence to support the claim of retaliation, emphasizing that the gravity of the proven harassment left no alternative to dismissal. The court also noted that the internal complaint against Macías was filed in September 2024, shortly after TMB implemented a new protocol requiring external investigation of workplace harassment allegations.
The case highlights ongoing scrutiny of workplace conduct and accountability within Spanish public institutions. Similar tensions have surfaced in other high-profile legal disputes, such as the recent controversy involving the General Council of the Judiciary and disciplinary actions against judges, as reported in coverage of internal divisions within Spain's top judicial body.
Workplace harassment, or "acoso laboral," remains a significant concern in Spain, with legal frameworks evolving to address both prevention and response. The introduction of external oversight in TMB's protocol reflects a broader trend toward transparency and impartiality in handling such complaints. Labour courts in Spain typically require clear documentation and evidence to uphold dismissals on grounds of harassment, underscoring the importance of procedural rigor for both employers and employees. The outcome of this case may influence how other public sector organizations approach internal investigations and disciplinary measures in the future.
