Oracle, dismissal during probational
R3・11・12 at Tokyo District Court
【Judgement】 lawful dismissal
【Company】 Oracle Japan
【Category】 dismissal due to capability during probational
【Reference】 Rodo Keizai Hanrei Sokuho 2478-18
【Position/Salary】 Solution Specialist V / JPY 15.6M
【Summary】
In the case of dismissal during the probationary period, it is necessary to examine whether the decision that it is inappropriate to continue employing the plaintiff, based on the facts known to the company during the probationary period and considering the purpose of the employment, lacks objectively reasonable grounds or is not recognized as appropriate under societal norms.
Given the plaintiff's employment was based on the expectation of advanced performance commensurate with their experience, and the defendant, through observation during the probationary period, found the plaintiff's abilities did not meet the position's requirements, the defendant's decision not to continue employment was objectively reasonable and socially acceptable, consistent with the purpose of retaining final evaluation authority
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