H29･9･14 at Tokyo District Court

【Judgement】invalid dismissal

【Company】 IBM Japan

【Category】 ordinary dismissal (low performance)

【Reference】 Rodo Hanrei 1183-54

【Position/Salary】engineer in Response Center / JPY 4.3M

【Summary】

While it cannot be said that the grounds for dismissal asserted by the defendant are entirely baseless, given that the plaintiff demonstrated some improvement regarding the issues and considering the circumstances—where the defendant issued the notice of dismissal the day after the plaintiff expressed their intent to comply with the instructed duties (PMR handling)—the dismissal in this case lacks objectively reasonable justification and cannot be deemed appropriate under societal norms. Therefore, it constitutes an abuse of rights and should be deemed invalid.