November 1, 2011
The Tokyo District Court on October 31 ruled that the harassment that Japan Airlines used against its contracted cabin attendant (CA) as a means to force her to quit was illegal.
The court ordered the carrier and plaintiff’s boss to pay a total of 400,000 yen in compensation to the former CA. The ruling, however, stopped short of repealing JAL’s decision not to renew her contract.
The plaintiff is a 27-year-old member of the Japan Airlines Cabin Crew Union (CCU). About six months after her joining the aviation company in May 2008, her boss started harassing her and tried to force her to leave the company. She kept refusing to resign and eventually lost her job in April 2010.
Under the JAL’s employment system, all CAs enter the company as contract employees and are supposed to be promoted to full-time employees within three years.
In a long appraisal interview, her boss said to her, “It is a matter of course that you leave the company or you will be dismissed in disgrace.”
Concerning this remark, the court stated, “It is reasonable to recognize it as an illegal statement to make her leave her job.” The ruling added JAL should assume “employer liability.”
In a press conference held after the ruling, CCU Chair Uchida Taeko said, “The judgment is significant because it acknowledged JAL’s action as unlawful.” Meanwhile, the union chair expressed dissatisfaction over the court’s failure to repeal JAL’s decision to terminate the plaintiff’s contract. Uchida said the union will call on the carrier to have the plaintiff return to work through collective bargaining negotiations.
The plaintiff also commented on the ruling, saying, “The court made illegal only the audio-recorded remarks (made by my former boss), but I am sure that all of my boss’s remarks to me are unlawful. I’d like to help improve the working conditions for people in weaker positions.”
The court ordered the carrier and plaintiff’s boss to pay a total of 400,000 yen in compensation to the former CA. The ruling, however, stopped short of repealing JAL’s decision not to renew her contract.
The plaintiff is a 27-year-old member of the Japan Airlines Cabin Crew Union (CCU). About six months after her joining the aviation company in May 2008, her boss started harassing her and tried to force her to leave the company. She kept refusing to resign and eventually lost her job in April 2010.
Under the JAL’s employment system, all CAs enter the company as contract employees and are supposed to be promoted to full-time employees within three years.
In a long appraisal interview, her boss said to her, “It is a matter of course that you leave the company or you will be dismissed in disgrace.”
Concerning this remark, the court stated, “It is reasonable to recognize it as an illegal statement to make her leave her job.” The ruling added JAL should assume “employer liability.”
In a press conference held after the ruling, CCU Chair Uchida Taeko said, “The judgment is significant because it acknowledged JAL’s action as unlawful.” Meanwhile, the union chair expressed dissatisfaction over the court’s failure to repeal JAL’s decision to terminate the plaintiff’s contract. Uchida said the union will call on the carrier to have the plaintiff return to work through collective bargaining negotiations.
The plaintiff also commented on the ruling, saying, “The court made illegal only the audio-recorded remarks (made by my former boss), but I am sure that all of my boss’s remarks to me are unlawful. I’d like to help improve the working conditions for people in weaker positions.”
