Sunday, February 22, 2015

Supreme court rejects appeals by ex-JAL cabin attendants and pilots, giving a free hand in dismissals

The Supreme Court turned down appeals and petitions for acceptance of appeals from cabin attendants and pilots dismissed by Japan Airlines in the end of 2010 during the reconstruction of the Japanese flagship carrier. The cases of cabin attendants and pilots were dealt with by different benches of the top court, but the plaintiffs were informed of the decisions around the same time by documents dated Feb. 4 and 5 respectively. The decisions were made in less than four months after the court received the documents for the case of cabin attendants and less than three months since those for the pilots case were received. The judges unanimously reached the conclusion to turn down both appeals within such short periods of time. They did not even bother to wait and examine additional documents that the plaintiffs’ councils were preparing despite the lawyers advance notice. How can one believe that the judges had examined the documents before making decisions?  They refused to make their own judgments in these unprecedented cases that argued the legitimacy of dismissals while the company is being reorganized under the Corporate Rehabilitation Act without carefully examining the plaintiffs arguments. The decisions by the Supreme Court have, in essence, given the managements of companies in the reconstruction process a free hand to dismiss their employees without due justifications. The plaintiffs and the lawyers representing them held a press conference on Feb. 6.  (By YUNOKI Yasuko, secretary general of the supporters group of JAL dismissal cases) 
 Video of the press conference

 最 高裁は24日に客乗裁判(第二小法廷)、5日 にパイロット裁判(第一小法廷)の上告および上告受理申し立てに対し棄却の決定を送付してきました。客乗事 件書類が最高裁に到達してから4カ月未満、パイロット事件については3カ月にも満たない期間で棄却の決定を裁判官全員一致で行いました。これから補充 書を 出すことを告げていたにも関わらずです。一体最高裁はちゃんと書類を読んでの判断でしょうか? この事件は会社更生法下の整理解雇についての最初の判断でした。それがいとも簡単に棄却されたのです。会社更生下では首切りは自由にお墨付きを与えるよう なものです。JALの原告団・弁護団は6日に記者会見を行いました。(JAL闘争を支える会事務局長・柚木康子) 

No comments: