Disciplinary Dismissal and Litigation
Outline of the case
Company A (a chemical manufacturer), a client of our firm, came to us for advice on how to deal with an employee X. According to Company A, X yelled at a subordinate female employee so loudly that the subordinate female employee resigned. According to the president of Company A, XT s recent work attitude has been poor, and there are suspicions that the company’s information has been leaked. We investigated the facts as alleged by the president, and we were assured that we would be able to handle the case even if it were to go to court. Subsequently, company A dismissed employee X. X filed a lawsuit against Company A seeking confirmation of the invalidity of the dismissal and compensation for damages, and we represented Company A in the lawsuit.
Dispute Resolution by Settlement
We conducted hearings with several company employees, including a subordinate female employee, and compiled them into a written statement, which was submitted to the court. We also alleged that X’ s daily words and actions clearly violated the power harassment rules stipulated in the employment regulations, that the female employee suffered from mental illness as a result, that frequent warnings and reassignments by the company representative were ineffective, and that he leaked confidential information by transferring confidential company information to his personal computer. The court ruled that both the plaintiff and the defendant had been involved in the leakage of confidential information by transferring confidential company information to their personal computers. The court recommended settlement to both plaintiff and defendant, but Company A is a small company, so even if X were to return to work, it would only cause confusion and it would be difficult to find a new placement for him. Company A proposed a settlement that, if X agreed to the consensual resignation, the disciplinary dismissal would be rescinded, X would receive full severance pay, and all unpaid wages up to the conclusion of the trial would be paid in full. X agreed to Company A’s settlement proposal, considering the financial burden of continuing the lawsuit.
Kuribayashi Sogo Law Office Services
1. notice of disciplinary dismissal
Whether or not to dismiss a problematic employee for disciplinary reasons is a very difficult question for management. We examine past precedents, the company’s situation, and the employee’s problems, and provide advice on whether the employee should be dismissed for disciplinary reasons or only for other disciplinary reasons, and if so, how to proceed with the dismissal. If the timing of dismissal is missed, it will be difficult to discipline the employee later. In addition, in order to dismiss an employee for disciplinary reasons, it is necessary for the employee to meet the conditions for disciplinary dismissal as stipulated in the employment regulations. An abstract provision such as “other acts disruptive to the order of the company” is not sufficient. In addition, the notice of disciplinary dismissal must specifically state the specific grounds for disciplinary dismissal and which article of the employment regulations the conduct falls under. In principle, it is not possible to add reasons for disciplinary dismissal that are not stated in the notice of dismissal later, after the trial has begun. We represent the company in preparing documents supporting the disciplinary dismissal, drafting and sending the notice of dismissal, and responding to inquiries from the employee.
2. response to court proceedings
In order to dismiss an employee for disciplinary reasons, it is not enough that the dismissal falls under the grounds for disciplinary dismissal stipulated in the work rules; the dismissal must be reasonable and appropriate from a social perspective. In the courts, due to the strong worker protection philosophy, it is very rare for a court to recognize the reasonableness and appropriateness of a disciplinary dismissal, except in cases where the dismissal constitutes a criminal offense. We construct a logical structure to clearly argue the company’s position, and prepare and submit evidence to the court through examination of evidentiary materials and interviews with relevant parties. In addition, through settlement discussions in court, we consider and propose possible dispute resolution plans and try to resolve disputes by settlement as much as possible.
Sending content-certified mail: 100,000 yen (110,000 yen including tax)
Litigation: Starting fee and contingency fee method according to the compensation rules of the bar association.
Clients with whom we have concluded an advisory contract
20% reduction from the above amount