The Social Court of Barcelona has ruled the dismissal of Carmen Macías, former head of compliance at TMB, as justified, considering it proven that she subjected a technician to continuous and humiliating harassment. The ruling dismisses claims of retaliation.
The Social Court number 2 of Barcelona has confirmed the justification for the disciplinary dismissal of Carmen Macías, who until October 2024 was the head of the compliance and good governance department of Transports Metropolitans de Barcelona (TMB). The 152-page ruling establishes that the executive subjected a technical manager from her team to systematic workplace harassment for several years.
The judge outright rejects the defence's argument, which claimed that the dismissal was a retaliation for the internal investigations that Macías had initiated as the head of the company's ethical channel. The ruling finds “neither retaliation nor a form of conspiracy” against her, and describes the events as “serious enough to warrant the maximum penalty.”
The former executive had sought protection from the Office of Anti-Fraud of Catalonia (OAC) in April 2024 as a whistleblower, alleging interference from TMB executives in an internal investigation regarding a possible case of workplace harassment reported by another employee. Anti-Fraud granted her that protection, which she still maintains. Additionally, Macías filed a lawsuit against the company's executives, a procedure that remains open in the courts and which could now be affected by this labour ruling.
The proven facts describe a continued pattern of harassment towards the subordinate, who was the head of the technical unit. According to the ruling, Macías progressively withdrew his responsibilities, relegating him to administrative tasks far below his professional category. She allowed lower-ranking employees to supervise his work and repeatedly excluded him from team meetings.
Several witnesses testified that the former head directed offensive, humiliating, and degrading remarks at him. She also sent him contradictory instructions, made it difficult for him to take breaks, contacted him outside of working hours, and sent critical emails with copies to other colleagues. She even pressured new employees not to associate with him.
The worker, who remains employed, suffered from anxiety issues and went through several periods of sick leave. He required psychological treatment to cope with the situation. The judge states that TMB has demonstrated, through documents and witness statements, a “continuous and permanent harassment” by the former executive.
The internal complaint was activated in September 2024 when the employee approached TMB's ethical channel, managed by an external company. The company's harassment committee accepted the complaint and proposed as a precautionary measure to grant Macías paid leave to avoid interference in the investigation. The external investigator concluded that the technician had suffered psychological and workplace harassment, and that he was a victim “of degrading and humiliating treatment for several years.” The committee confirmed the report and TMB opened a disciplinary file that culminated in the dismissal.
The ruling is not final and can be appealed to the High Court of Justice of Catalonia. For now, the ruling supports the actions of the public transport company, which manages the metro and buses in Barcelona. The case has generated interest due to Macías' dual role as head of the ethical channel and as a whistleblower protected by Anti-Fraud.
For TMB employees, the case highlights the importance of internal reporting channels and the need for companies to act firmly in the face of workplace harassment. The company has reiterated its commitment to a safe and respectful work environment.
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