Top Court nullifies Nestle's dismissal of union leaders

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Top Court nullifies Nestle's dismissal of union leaders

The Supreme Court on October 6 reversed a lower court decision and invalidated the dismissal of two union leaders by multinational food manufacturer Nestle Japan, recognizing the case as the abuse of power by the company.

The plaintiffs were Tomita Shin'ichi and Kurimura Shin'ichi, leaders of the Kasumigaura Branch of the Nestle Japan Labor Union (NJLU) affiliated to the National Confederation of Trade Unions (Zenroren).

Later on the same day, Tomita said in tears, "I might have ended up leaving my workplace with the label of violent employee. I am really happy with the ruling."

Being hostile to the union, the company in 1993 fabricated a charge of "use of violence" against Tomita and Kurimura allegedly committed against their superior. As the police found no evidence for the allegation, the public prosecutors decided not to indict them. Despite this, the company in 2001 fired them as a "disciplinary measure against their violent act."

In 2002, the Mito District Court judged the dismissal as invalid on the grounds that the accuracy of the superior's testimony was doubtful. However, the Tokyo High Court in 2004 approved the dismissal and recognized the testimony as credible.
- Akahata, October 7, 2006