A judge validates the dismissal of the former TMB executive who reported the leadership for harassment
The sentence dismisses Carmen Macías's lawsuit for a worker's complaint against her for mobbing
BarcelonaA Barcelona social court has validated the dismissal of Carmen Macías, the former compliance officer of Transports Metropolitans de Barcelona (TMB) who reported that she was fired in retaliation for an internal investigation into mobbing that involved three executives. The ruling, which ARA has consulted, declares the dismissal to be procedent and states that it occurred after a subordinate of Macías reported her for harassment. This ruling validates the dismissal in terms of labor law, but does not resolve the criminal proceedings, with three senior officials under investigation, which was opened following Macías's complaint of workplace harassment.
In this way, the judge dismisses the claim of unfair dismissal that Macías filed, advised by the labor lawyers of the Col·lectiu Ronda, who have explained to ARA that they will file an appeal against the ruling. Macías maintains that she was demoted and then dismissed in retaliation for her investigation into three executives, despite having protection as an informant for the Anti-Fraud Office of Catalonia (OAC). In fact, in 2025, an Anti-Fraud report determined that the dismissal was part of a possible case of retaliation.
In contrast, TMB has argued before the court that the dismissal was justified. TMB sources have stated that this judicial resolution "fully proves that there was harassment and that there has been no retaliation or conspiracy" in the dismissal of the executive. In fact, they assure that this measure was "the only possible one given the seriousness of her actions".
Complaint against Macías
The ruling states that, from the position of compliance officer, Macías opened four cases in which TMB executives were listed as defendants. One of these is what, according to her, motivated her dismissal: it dealt with the complaint of workplace harassment that an employee had filed through the company's internal channel.
The ruling assures that, as Macías saw that the report did not detect any signs of a crime, she "pressured" the employee in charge of it to change his criteria. The report from a law firm hired by the company also dismissed the harassment, and Macías commissioned additional reports giving instructions on how to do them. Finally, one report found signs of workplace harassment and was the basis on which Macías sent the case to the Prosecutor's Office, which eventually dismissed it.
Regarding the employee who reported Macías for harassment, the ruling states that the executive constantly criticized him, both in private and in front of colleagues. It also assures that she tried to reduce his functions as head of the technical unit and degrade him to administrative tasks, "to the point that people of lower rank began to supervise" his work. When a new person arrived at the department, according to the ruling, she suggested that they not speak with him. She also CC'd several colleagues when sending him emails pointing out errors and prevented him from taking vacation in August, which she did not do with others. This employee's complaint was referred to an external company, and TMB based Macías' dismissal letter on its conclusions.