R5･1･25 at Tokyo Appeal Court

【Judgement】 lawful dismissal

【Company】 Credit Suisse

【Category 】 adjustment dismissal

【Reference】Rodo Keizai Hanrei Sokuho 2525-26 (original judgement:R4･4･12 at Tokyo District Court, Rodo Hanrei 1292-55)

【Position/Salary】 VP in PB / JPY 18.5M

【Summary】

The defendant's decision to cease accepting new orders for an unsuccessful business line after over four years and to abolish the responsible department was not unreasonable, as the assigned employees had become redundant, necessitating workforce reduction.

The defendant held interviews with the plaintiff to understand his preferences and offered a suitable position to support continued employment, demonstrating reasonable efforts to avoid dismissal.

The Plaintiff, while refusing to engage in meetings with the Defendant citing health issues, participated in a tennis tournament. Considering this lack of good faith on the part of the Plaintiff, it is reasonable to conclude that the Defendant made sufficient efforts to avoid termination as required by the principle of good faith.