September 1, 2016
In a retrial over a female Toshiba worker’s depression due to excessive overwork, the Tokyo High Court on August 31 ordered the electronics giant to pay her more than 60 million yen in compensation for loss of earnings as well as for damages.
The plaintiff, Shigemitsu Yumi, was assigned in January 2001 to a project to set up an assembly line for liquid-crystal panels at Toshiba’s Fukaya factory in Saitama Prefecture. For five months, she worked more than 100 hours of overtime, exceeding the government-set danger line for death from overwork (karoshi) which is 80 h/m overtime. She developed depression and finally had to take sick leave. In September 2004, Toshiba dismissed her on the grounds that her allowable sick leave period had expired.
After a seven year court battle, in February 2011, Shigemitsu won a Tokyo High Court ruling nullifying her dismissal. However, as the court slashed the amount of compensation by 20% from the amount she demanded, Shigemitsu appealed her case to the Supreme Court.
In 2014, the top court acknowledged that she suffered depression because Toshiba neglected its obligation to pay attention to the employee’s safety in the workplace, and ordered the lower court to reconsider the amount of compensation it was willing to pay.
Following the Supreme Court ruling, the amount of compensation determined by the Tokyo High Court this time was much higher than the previous amount.
At a press conference held after the ruling, Shigemitsu said, “I hope that this high court ruling will help workers avoid the stress and depression associated with excessive working hours or ‘power harassment’ in the workplace. Toshiba claims that it is dealing with its workers’ mental health problems. I want the company to put its words into action.”
With the Supreme Court decision, the nullification of her dismissal was finalized. Toshiba should now respond to her demand for her reinstatement without delay.
Past related article:
> Court orders Toshiba to pay compensation for worker’s depression [April 23, 2008]
The plaintiff, Shigemitsu Yumi, was assigned in January 2001 to a project to set up an assembly line for liquid-crystal panels at Toshiba’s Fukaya factory in Saitama Prefecture. For five months, she worked more than 100 hours of overtime, exceeding the government-set danger line for death from overwork (karoshi) which is 80 h/m overtime. She developed depression and finally had to take sick leave. In September 2004, Toshiba dismissed her on the grounds that her allowable sick leave period had expired.
After a seven year court battle, in February 2011, Shigemitsu won a Tokyo High Court ruling nullifying her dismissal. However, as the court slashed the amount of compensation by 20% from the amount she demanded, Shigemitsu appealed her case to the Supreme Court.
In 2014, the top court acknowledged that she suffered depression because Toshiba neglected its obligation to pay attention to the employee’s safety in the workplace, and ordered the lower court to reconsider the amount of compensation it was willing to pay.
Following the Supreme Court ruling, the amount of compensation determined by the Tokyo High Court this time was much higher than the previous amount.
At a press conference held after the ruling, Shigemitsu said, “I hope that this high court ruling will help workers avoid the stress and depression associated with excessive working hours or ‘power harassment’ in the workplace. Toshiba claims that it is dealing with its workers’ mental health problems. I want the company to put its words into action.”
With the Supreme Court decision, the nullification of her dismissal was finalized. Toshiba should now respond to her demand for her reinstatement without delay.
Past related article:
> Court orders Toshiba to pay compensation for worker’s depression [April 23, 2008]
