Japan Press Weekly

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2014 December 17 - 23 [LABOR]

Transfer order to unionized zoo workers illegal: court

The Tokyo District Court on November 26 recognized that the job relocation order given to zoo workers who protested against power harassment at the workplace is illegal.

Plaintiffs are zoo attendants at the Edogawa Ward Natural Zoo and members of the Tokyo Municipal and General Workers’ Union, which is affiliated with the National Confederation of Trade Unions (Zenroren).

In October 2011, the two workers’ union conducted a survey that revealed that one of the workers in the zoo had kept harassing any colleagues who the person disliked. This person abused workers and assigned unpleasant tasks to certain workers, the survey discovered. However, the admission office manager of the zoo expressed an intention to defend the bully and did nothing to end the harassment.

In April 2012, the zoo management unilaterally assigned the two union members to new jobs which were far different from their job description under the pretext of the need to improve human relationships.

The court ruling recognized that the transfer order is illegal as it was unnecessary and was an abuse of discretionary power by the management.

Regarding this issue, the Tokyo Labor Relations Commission in August recognized the two workers’ job transfer as an unfair labor practice and ordered the zoo to reinstate them in their original positions.