Unfair Dismissal
Sample Cases
CASE 03
2.5 million yen settlement obtained by continuing to dispute the validity of dismissal upon receiving notice of dismissal
Case of Client N
Client N is a female in her 30s that lives with her husband and worked at a company selling electronic devices that employs about 20 people.
The daughter of the company president suspected Client N of having an affair with her superior, and the president, believing the accusations to be true, terminated her employment.
2.5 million yen settlement obtained in unpaid overtime
Several months after her dismissal, Client N came to us for advice. We sent certified mail to the company, but they insisted that the grounds for dismissal were valid because she had caused disorder due to the alleged affair. Realizing we could not get any further in discussion, we filed for a labor tribunal.
At the first hearing, an agreement was reached where the company would pay a settlement of 2.5 million yen, including approximately 300,000 yen in unpaid overtime.
Key Points
There were multiple reasons for Client N's victory. First, she did not succumb to pressure from the company to voluntarily resign, instead insisting on her own legitimacy and making the company issue a notice of dismissal. Second, she continued to dispute the validity of the dismissal through actions such as asking the labor bureau for advice instead of simply accepting dismissal at face value.
Although it is common to receive 3 to 6 months of salary in settlement when dismissal is deemed to be invalid, because Client N insisted that her dismissal was unfair due to being based on groundless accusations of infidelity led the court to award her a settlement payment that exceeded the usual amount.
Further, it is important to check for unpaid overtime in such situations because companies that unfairly dismiss employees often fail to manage work hours properly.