Case Analysis: Management Errors and Legal Consequences.

Critical Error: Forced Mediation of Severe Harassment

Let's review a case where HR attempted to "conciliate." "Sofia" reported that her boss was touching her inappropriately.

The company, wanting to avoid a scandal, sat them both down in a room to "smooth things over" and asked Sofia to "try to understand the affectionate style" of her boss. This is a catastrophic procedural error.

In cases of sexual violence or physical aggression, mediation is contraindicated and prohibited in many legal frameworks, as it revictimizes the assaulted and renders him defenseless against his abuser.

The consequence of this mismanagement was a million-dollar lawsuit where the company was condemned not only for the harassment, but also for gross negligence in its duty of protection.

Critical Error: The Reversal of the Burden of Proof

In the case of "David", who denounced moral harassment by a group of colleagues, the response of the Coexistence Committee was: "If everyone has a problem with you, the problem must be you".

The victim was required to prove his innocence and was subjected to psychiatric examinations, while the aggressors were not investigated. This approach is legally and technically flawed.

The firm assumed the "herd" narrative without investigating the scapegoating dynamic.

The result was that David suffered a nervous breakdown and the company lost valuable talent, being left with a toxic team that soon sought another victim, perpetuating the cycle of violence.

Critical Mistake: Retaliation Disguised as Restructuring

Shortly after "Marta" testified on behalf of a harassed co-worker, her position was "eliminated" in a reorganization and she was offered a lower-ranking position in a remote branch office.

The company claimed "necessities of service". However, before a judge, it was shown that Marta's position was recreated under another name two weeks later and filled by a friend of the aggressor.

This case illustrates "Retaliation". Judges are usually very astute at detecting these maneuvers.

The consequence was the declaratio