Statement on the Bloomberg dismissal case
On May 28th, the Tokyo District Court dismissed a claim by Bloomberg L.P.
that it had no employment contract with a reporter who was laid off after
he failed to meet Performance Improvement Plan (PIP).
丂Bloomberg filed a lawsuit against the reporter after he won his case against
dismissal in the lower and upper courts. The company refused to accept
the reporter乫s demand to reinstate him. During settlement negotiations
in the higher court, the company offered to reinstate the reporter to a
warehouse management, which would have halved his salary. The company fired
him for the second time when he refused this position.
丂Bloomberg claimed that the reporter refused its offer to have him work in the warehouse and to negotiate the terms of his reinstatement.
丂The Tokyo District Court ruled that the reporter had no obligation to
respond to Bloomberg乫s reinstatement proposal. The court said the reporter
is free to decide whether to accept the warehouse job. The court further
stated that the company乫s grounds for dismissal had no objective reasoning,
and therefore it was invalid.
丂The verdict was expected considering the dismissal was legally invalid.
We demand that Bloomberg now abandon appeals to the higher court and reinstate
丂The incumbent Abe government aims to further deregulate labor laws and
even destroy labor regulations by introducing overtime pay exemption and
liberalizing the scope of temporary staffing. Next year, it also aims to
introduce a system to resolve labor disputes by monetary compensation,
where corporations only need to pay money to workers being dismissed even
in cases of illegal dismissal. Bloomberg乫s lawyer, Kazuki Okada, presented
his support for this system at the government乫s Industrial Competitiveness
丂Foreign companies such as Bloomberg and IBM have dismissed many workers
in Japan claiming their 乬incompetence.乭 In many cases, the dismissals violate
article 16 of Japan乫s Labor Contract Law, and are invalid. However, businesses
operating in Japan often ignore this law. Instead of penalizing such malpractice,
the government is trying to rewrite the law to fit the needs of these businesses.
丂Japan needs to strengthen labor regulations to protect its workers and
reintroduce secure employment rather than reducing their rights by deregulating
We demand that Bloomberg obey Japanese labor laws. We are committed to seizing further disturbances of work regulations, which would legalize unfair dismissals.
|May 28, 2015
Japan Federation of Newspaper Workers乫 Unions
Newspaper and Wireservice Workers乫 United Union
Lawyers Yoshitatsu Imaizumi/Kazuo Ogi/Shunji Suga