H14･8･9 at Tokyo District Court

【Judgement】 invalid dismissal

【Company】 Open Tide (Samsung)

【Category】 dismissal due to capability during probational

【Reference】 Rodo Hanrei 836-94

【Position/Salary】 department head / JPY 13M

【Summary】

Given the plaintiff's described work performance, it was difficult for him to fulfill the claimed responsibilities as the position in the less than two months before dismissal, and it cannot be concluded he would not have fulfilled those duties had his employment continued.

It cannot be found that the plaintiff's work performance was remarkably inadequate or that he was unqualified as the position. The termination notice lacked objectively reasonable grounds for rejecting permanent employment during probation, and was not socially acceptable.