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HOME  > Past issues  > 2011 February 16 - 22  > Top court nullifies NTT’s order of distant transfer
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2011 February 16 - 22 [LABOR]

Top court nullifies NTT’s order of distant transfer

February 19, 2011
The Supreme Court dismissed NTT West’s appeal against a lower court ruling which ruled that the company’s order to assign workers to distant locations was illegal, bringing the case to settlement resulting in a workers’ victory.

Those who have engaged in the court battle against NTT West are members of the Telecommunication Industry Workers’ Union (Tsushin-roso), Shigemi Yukiharu, Takano Chozo, and Yano Yoshihisa.

In 2002, in order to cut 110,000 jobs, the NTT group carried out a restructuring scheme, forcing workers aged 51 and over to accept early retirement and reemployment by NTT’s subsidiaries with 30% wage cuts. As Shigemi and his two coworkers refused to accept the company’s offer, NTT West transferred Yano to a distant office in Osaka, about 260 km away from his office in Ehime Prefecture, and Shigemi and Takano to offices in Nagoya, nearly 400 km from Ehime. In 2006, the company relocated Shigemi and Takano to Osaka as well.

The three filed the lawsuit urging NTT West to return them to their original workplaces and compensate them, arguing that the company’s forcible transfer to the distant locations was illegal.

On March 25, 2010, the Takamatsu High Court nullified NTT West’s order of distant transfer in 2006 on the grounds that the treatment was a case of the company’s abuse of power, and ordered the company to pay two million yen in compensation to each plaintiff.

At a press conference held after receiving the top court decision, Takano said, “In another case, NTT transferred a worker from Iwate to Tokyo, about 535 km away, even though his wife was undergoing cancer treatment, and NTT never allowed him to go back to Iwate. I hope this top court ruling will help put a stop to NTT’s controversial early retirement and rehiring scheme.”
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