Japan Press Weekly

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2016 February 17 - 23 [LABOR]

Dismissal aimed at busting workers’ union is illegal: high court

The Fukuoka High Court on February 19 ruled that the act of a company which deliberately dismissed union workers when it was taken over by another firm constitutes an unfair labor practice and that the dismissal is invalid.

This lawsuit was filed by four ex-workers at Koyo Shoji, a trucking company based in Nagasaki City.

In February 2013, as the company unilaterally worsend the working conditions and forced its employees to drive poorly-maintained trucks, the four workers formed a branch of the All Japan Construction, Transport and General Workers’ Union (Kenkoro) which is affiliated with the National Confederation of Trade Unions (Zenroren).

Soon after the union was organized, Koyo Shoji abruptly announced that it will go out of business. In September 2013, after finishing preparations for merging with another transportation company, Koyo fired the four workers. The four brought their case to the Nagasaki District Court seeking nullification of their dismissal. In June 2015, the district court ruled in favor of the plaintiffs.

Upholding the lower court decision, the high court ruling pointed to the fact that only the four union members were not reemployed by the merged company. The judgment notes that it is impossible to find any other reason for their discharge than the fact that they are members of the union.

The plaintiffs and the union issued a statement highlighting the significance of the latest ruling which has condemned the merger for having the aim of destroying the union. The statement expresses their determination to continue fighting until they are reemployed and able to rebuild their lives.