In a parallel conflict to the one that broke out when the Anti-Fraud Office of Catalonia filed charges against the Mataró City Council for several irregular hirings reported by a former municipal worker, the Superior Court of Justice (TSJC) has now condemned the City Council to compensate the complainant with 49,180 euros. concept of moral damages. Municipal sources assure that they are studying whether to present an appeal.
The Social Chamber of the TSJC has modified the ruling of Court 1 of Barcelona and condemns her to compensation for moral damages for the labor conflict to which she has subjected the worker for changing her work location and proceeding to vacate her functions as architect. The ruling cites that the Labor Inspection, in 2022, already required the municipal government to “cease its hostile conduct and apply the health surveillance instructions” by considering the measure adopted by the labor management as “harassing and harmful conduct.” remembering that “there is already a lawsuit for workplace mobbing” in the Contentious Court 15 of Barcelona.
According to the ruling, the City Council has repeatedly failed to comply with the Occupational Risk regulations and did not adopt the necessary measures to alleviate “the discomfort and labor conflict” generated around the worker.
The reporting judge also cites that on May 15, 2023, the Anti-Fraud Office issued a resolution to protect the whistleblower, in this case the reporting worker as a result of the retaliation imposed on her, with a change and transfer of her job and emptying of functions.
It also evokes the ruling that the Catalan Dades Protection Authority reprimanded the City Council for accumulating in a single procedure the complaint for harassment and the issuance of data on the employee’s health, to which other people had access.
The next municipal plenary session will also decide on the conflict since, as sources from the Vox municipal group have confirmed, a question will be raised regarding the case of the worker protected by Antifrau who must be compensated with 49,189 euros.
