H31･2･27 at Tokyo District Court

【Judgement】 invalid dismissal

【Company】 Nokia Solutions and Networks 

【Category】 ordinary dismissal due to performance (with PIP)

【Reference】 Rodo Hanrei 1257-60

【Position/Salary】 Project Coordinator, Job Grade 8 (top grade below manager)/ JPY 9M

【Summary】

It is undeniable that the plaintiff lacks the necessary abilities and qualifications required for her position, and as a result, she has been unable to perform her duties properly. Objectively, her job performance has been evaluated as poor, and she has received the lowest evaluation for two out of the four years. Considering these factors, the insufficient abilities and qualifications can be recognized as objective reasons that justify the consideration of termination.

The Plaintiff, however, has avoided receiving the lowest evaluation twice during their tenure, and while the two lowest evaluations were based on relative assessments, they do not immediately suggest a serious lack of ability warranting dismissal. Furthermore, there are instances of positive evaluations in the record, and the Plaintiff has demonstrated a certain degree of willingness to contribute to the Defendant. Additionally, the Plaintiff has not received any disciplinary actions. Taking these factors into consideration, while the Plaintiff's performance may be considered unsatisfactory, it cannot be concluded that it has reached a level that cannot be rectified through corrective guidance

It is noted that the defendant is a relatively large company and that the employment contract does not limit the scope of the plaintiff's duties. The circumstances surrounding the contract do not assume the plaintiff possessed advanced job performance capabilities. Given that the defendant made two transfers for the plaintiff, it is concluded that the defendant should have provided performance improvement guidance such as PIP, prior to termination, and considered the plaintiff's abilities and suitability in any reassignment.