Japan Press Weekly

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2012 November 14 - 20 [LABOR]

Cancellation of contract with pilot found illegal: court

The Tokyo District Court on November 14 ordered that Skymark Airlines pay about 19 million yen in compensation to a captain for illegal termination of his contract.

Skymark Airlines was founded in September 1998, as a pioneer of low-cost carriers thanks in part to the deregulation of the Japanese domestic airline industry. However, after a string of minor accidents starting from the end of 2005, the carrier in April 2006 received a notice for operation improvement from the transport ministry.

According to the court ruling, in 2010 the captain requested that one of his crew be replaced because the crew member claimed illness before his flight. When the company turned down his request, he refused to fly. The company then dissolved its contract with him blaming his disobedience.

The chief judge pointed out that the captain’s request was reasonable and his refusal to pilot the flight could not be used as a reason for the cancellation of his contract.

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