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Test Case Analysis: Management Errors and Legal Consequences
Agenda
QUESTION 1: Why was it a catastrophic mistake to attempt mediation in the "Sofia" case?
Because Sofia did not want to talk
Because the boss was busy
Because it was too expensive
Because it re-victimizes the victim and makes him/her defenseless against the abuser
QUESTION 2: What were the consequences for the company of the mishandling of the sexual harassment case?
She was convicted of harassment and gross neglect of her duty to protect
She only had to apologize
None, she won the trial
She had to change her name
3rd QUESTION: What technical error did the committee make in the case of "David" versus the "manada"?
No recording of meetings
Not hire lawyers
Reversing the burden of proof by requiring the victim to prove his innocence
Took too long to decide
4th QUESTION: What happened to the toxic team after David's departure due to the reversal of the test?
Dissolved peacefully
Searched early for another victim, perpetuating the cycle of violence
Improved their performance
Became friends with David
5th QUESTION: Under what excuse was the retaliation against "Marta" disguised after being a witness?
Lack of budget
Change of headquarters
Service needs or restructuring
Early retirement
6th QUESTION: How do judges usually react to dismissals disguised as restructuring after a complaint?
With indifference
Dismissing the case
Accepting the company's excuse
Declaring the dismissal null and void and imposing fines for bad faith
7TH QUESTION: What does the "reversal of the burden of proof" imposed on the victim imply?
That the company investigates alone
That the victim must prove that she is not conflictive in front of the group
That the aggressor must confess
That a detective is hired
8th QUESTION: In what situation is mediation contraindicated and prohibited according to the text?
In wage disputes
In cases of sexual violence or physical aggression
In scheduling conflicts
In technical disagreements
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