[Japan] Mizuho Bank ordered to pay ex-employee ¥3.3 million in labour dispute

[Japan] Mizuho Bank ordered to pay ex-employee ¥3.3 million in labour dispute
26 Apr 2024

On April 24, The Tokyo District Court ordered Mizuho Bank to pay ¥3.3 million ($21,300) to a former employee for emotional damage, The Japan Times reports. 

The court found that Mizuho’s instruction for the employee to stay at home at reduced pay for five years without any work was illegal.

However, the court reportedly rejected the plaintiff’s claim that his dismissal from the company should be considered invalid. Its ruling stated that he had failed to comply with instructions from the company telling him to return to the office.

The civil case was filed in 2021 when the former worker was dismissed after five years of following instructions to stay home. He was seeking around ¥33 million in damages, including wages he should have received and a ruling on whether Mizuho’s measure was in line with the law.

The trial’s focus was whether Mizuho's actions were tantamount to power harassment and whether the worker’s behaviour had given the bank legitimate grounds to resort to these measures and, eventually, to fire him.

The court reportedly concluded that it was a little bit of both.

Presiding Judge Kotaro Suga described Mizuho’s instruction for the plaintiff to stay home with nothing to work on for 4 ½ out of the five years he was at home as “illegal” and beyond what is normally tolerated in society.

The judge also pointed to what he called the plaintiff's problematic behaviour. Continued clashes with coworkers despite multiple verbal warnings and disciplinary action indicated “a lack of potential for improvement,” Judge Suga said.

The plaintiff - a man in his 50s who preferred not to be identified - welcomed the court’s recognition of the illegality of what Mizuho had done to him. He reportedly said he was glad to have gone through with the lawsuit.

“It has a significant meaning to have come this far, considering that I was not able to work for the past eight years, even though I wanted to, and my family and I had to endure it all,” he said.

However, the plaintiff did express disappointment that the judge did not explore the bank’s failure to respond appropriately to his situation in line with the power harassment prevention law. He reportedly intends to appeal to a higher court.

According to the ruling, Mizuho asked the plaintiff to resign in 2016 and stay at home due to harsh behaviour towards other employees and his attitude toward superiors, which persisted despite multiple warnings and attempts to transfer him.

The stay-home instruction continued until the plaintiff was told to return to work in 2022. He was dismissed in 2023 after multiple instances of disciplinary action.

 

Source: The Japan Times

(Quote via original reporting)

On April 24, The Tokyo District Court ordered Mizuho Bank to pay ¥3.3 million ($21,300) to a former employee for emotional damage, The Japan Times reports. 

The court found that Mizuho’s instruction for the employee to stay at home at reduced pay for five years without any work was illegal.

However, the court reportedly rejected the plaintiff’s claim that his dismissal from the company should be considered invalid. Its ruling stated that he had failed to comply with instructions from the company telling him to return to the office.

The civil case was filed in 2021 when the former worker was dismissed after five years of following instructions to stay home. He was seeking around ¥33 million in damages, including wages he should have received and a ruling on whether Mizuho’s measure was in line with the law.

The trial’s focus was whether Mizuho's actions were tantamount to power harassment and whether the worker’s behaviour had given the bank legitimate grounds to resort to these measures and, eventually, to fire him.

The court reportedly concluded that it was a little bit of both.

Presiding Judge Kotaro Suga described Mizuho’s instruction for the plaintiff to stay home with nothing to work on for 4 ½ out of the five years he was at home as “illegal” and beyond what is normally tolerated in society.

The judge also pointed to what he called the plaintiff's problematic behaviour. Continued clashes with coworkers despite multiple verbal warnings and disciplinary action indicated “a lack of potential for improvement,” Judge Suga said.

The plaintiff - a man in his 50s who preferred not to be identified - welcomed the court’s recognition of the illegality of what Mizuho had done to him. He reportedly said he was glad to have gone through with the lawsuit.

“It has a significant meaning to have come this far, considering that I was not able to work for the past eight years, even though I wanted to, and my family and I had to endure it all,” he said.

However, the plaintiff did express disappointment that the judge did not explore the bank’s failure to respond appropriately to his situation in line with the power harassment prevention law. He reportedly intends to appeal to a higher court.

According to the ruling, Mizuho asked the plaintiff to resign in 2016 and stay at home due to harsh behaviour towards other employees and his attitude toward superiors, which persisted despite multiple warnings and attempts to transfer him.

The stay-home instruction continued until the plaintiff was told to return to work in 2022. He was dismissed in 2023 after multiple instances of disciplinary action.

 

Source: The Japan Times

(Quote via original reporting)

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