H18･9･29 at Tokyo District Court

【Judgement】 invalid dismissal

【Company】　Meiji Dresdner Asset Management

【Category 】dismissal due to misconduct

【Reference】 Rodo Hanrei 930-56

【Position/Salary】 head of sales/ JPY 15M

【Summary】

It is insufficient to infer that the plaintiff repeatedly submitted fictitious expense claims. Even if the plaintiff instructed subordinates to create receipts, the act alleged by the defendant as misconduct involves monetary amounts recognized as legitimate business expenses under internal regulations, and thus does not constitute fictitious claims. Therefore,  although potential misconduct may exist in relation to participanting members, it is questionable whether dismissal is justified. Rather, in cases like this, the company should issue warnings and monitor the plaintiff's future use of expenses to assess their suitability as a responsible officer.