Success stories
A female worker at an international fashion firm who had been suffering from alleged harassment at work and was affected by a substantial change in her working conditions
OBJECTIVE
- In the first phase, the objective was to protect the worker from the harassment she was suffering, as well as to propose different lines of action to deal with the substantial modification of the working conditions reported.
- After an attempt to redirect the situation of the worker in the company, it was decided to initiate two legal actions for the termination of the worker’s employment on the basis of the substantial modification and serious breach of the company’s obligations.
METHOD
- The professional career of the worker over the last few years was analysed, examining the events and situations that could be considered as cases of harassment at work, progressive withdrawal from duties and personal isolation.
- Various negotiations were held with the company to put an end to the harassment of the worker, proposing different alternatives (transfer of department, transfer of work centre, return to her previous status, etc.).
- As it was not possible to redirect the situation, a first legal action was filed to challenge the substantial modification of the working conditions with the aim of returning the worker to her previous working conditions.
- Being involved in the previous legal action, the worker, in a situation of Temporary Incapacity and after being discharged by resolution of the INSS, had to return to her job.
- Finally, after analysing the different procedural options, two independent actions were initiated for the indemnified termination of the employment contract, adding to them the claim for damages.
RESULT
- After a long negotiation with the legal management of the company, a conciliatory agreement was reached in court for the indemnified termination of the employment contract with a certain date of effect and the definitive dismissal of the worker.
- This solution was chosen as the best and most advantageous for the worker, and a higher compensation figure was agreed upon than that initially offered by the company.
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