Correct compliance with the duty to prevent harassment: diligent management of psychosocial risk factors and compensation

Commentary on the Ruling of the High Court of Justice of the Canary Islands/Las Palmas 299/2021, of 22 March

Abstract

It is very interesting to observe how many of the judgments of our courts come to know about harassment issues through the procedures of violation of fundamental rights, but in connection with the right to occupational health and safety of workers. Such is the case of the judgment that is the subject of the comment that is presented in this work. We will analyze the importance of compliance with prevention measures in relation to psychosocial risks, the importance of the implementation and operation of the harassment procedure, and the consequences of non-compliance with these preventive obligations in relation to liability for damages.