R3･4･14 at Tokyo District Court

【Judgement】 invalid dismissal

【Company】 ResMed

【Category】 ordinary dismissal (PIP)

【Reference】 Hanrei Hisho L07630291

【Position/Salary】Commercial Business Analyst / JPY15.2M

【Summary】

(The Plaintiff, who had been employed by the Defendant , was subject to a dismissal but was subsequently reinstated pursuant to a judicial settlement.) 

While the Plaintiff's conduct may constitute grounds for dismissal under the employment rules, as it constitutes poor work performance and breaches of the code of conduct, the Court finds that none of these individual acts warrant dismissal. Even considering these multiple instances of potentially dismissal-worthy conduct, the Court finds that the Plaintiff's actions did not inflict significant economic harm on the Defendant nor damage the Defendant's reputation.

Since there are no established rules regarding PIP and no fixed provisions for the frequency or number of revisions, decisions are made on a case-by-case basis. Therefore, the PIP itself may continue indefinitely, and the number and duration of such plans are not significant factors to be considered when evaluating the potential of the worker.