H31･2･28 at Tokyo District Court

【Judgement】 invalid dismissal

【Company】 ING Bank N.V.

【Category 】 adjustment dismissal

【Reference】 Hanrei Hisho L07430113

【Position/Salary】 Account Manager in Middle Office / JPY 7.6M

【Summary】

The Defendant's business decision in closing the Client Service Department in Asia should be respected. However, considering the short duration of the departments' existence, approximately 1 year and 2 months, the rationale for the decision, a vague notion of enhancing international competitiveness through operational efficiency, and the fact that the departments' functions are still being carried out by the sales departments, coupled with the absence of evidence indicating declining performance of the branches or the Defendant's overall business, the justification for downsizing.

In light of the fact that the Client Services Department's functions continued to be performed by the Sales Department, and considering that there is insufficient evidence to establish any concrete operational impediments caused by Plaintiff's conduct, as demonstrated by the increase in Plaintiff's base salary and the absence of any issues in external relations with customers, the determination that there were no available positions for transfer due to concerns about Plaintiff's work attitude must be deemed as an inadequate consideration regarding potential transfer opportunities.