H25･3･21 at Tokyo Appeal Court

【Judgement】 lawful dismissal

【Company】 HP

【Category】 dismissal due to capability with PIP

【Reference】 Rodo Hanrei 1073-5

【Position/Salary】Intermediate / JPY 5.8M

【Summary】

The Employee exhibited inadequate capacity to perform the duties of his position for five years prior to the dismissal, and demonstrated a notable insistence on his own opinion, disregarding superiors' guidance.

The clients submitted repeated complaints, including requests for the Employee's replacement. Furthermore, the Employee engaged in persistent misconduct by sending multiple emails containing aggressive and inappropriate content to colleagues. It is hereby determined that such behavior has demonstrably impaired both the relationship with clients and the Company's operations.

The Company made reasonable efforts to rectify the Employee's aforementioned conduct through supervisor's regular admonishments and guidance provided during PIP. However, the Employee persisted in rejecting such admonitions and guidance, failing to amend his conduct throughout the entirety of the process.