H24･10･31 at Tokyo Appeal Court

【Judgement】 invalid dismissal

【Company】 Credit Suisse

【Category 】 adjustment dismissal

【Reference】 Rodo Horitsu Junpo 1789-80

【Position/Salary】 D quants / JPY 27M + housing JPY 9.5M

【Summary】

Based on the factual findings, the Appellant's (Japan Branch) business operations, including personnel allocation, were conducted in accordance with CS Group's global business strategy. Even if the Appellant's profitability had deteriorated and personnel reductions were ongoing at the time of the dismissal, this alone cannot be considered sufficient to establish a high necessity for personnel reductions. Furthermore, it should be examined whether the Appellant could have avoided the dismissal within the scope of its global business operations.

If the appellee had been introduced to other positions within the CS Group, it could be acknowledged that there was a possibility for the appellant to avoid the dismissal in question within the global business operations of the CS Group. Therefore, even considering the appellant's financial situation and personnel reduction circumstances at the time of the dismissal, it cannot be concluded that the dismissal was unavoidable. Consequently, it is not possible to recognize that there was an objectively reasonable reason for the dismissal.