The Law Doesn’t Matter? Taking Your Dispatch Employer To Court (Rodou Shinpan) Part 3

Roudou Shimpan (Labour Court) Part 3

A special report by David Klan

[THIS IS THE FINAL PART OF A 3 PART SERIES. LINKS TO PREVIOUS PARTS: PART 1, PART 2]

On the morning of November 21st I put on the suit I had tailored in Thailand, the tie from England given to me by my wife, the shoes I bought in Italy on our honeymoon, and the fake pair of glasses that I wear to make me feel smart. I tucked a set of antimicrobial pens, given to me by my sister, in the briefcase and set off for our second day in court.

We sat down at the table and resumed the case. I eschewed the translator since the discussion is not considered testimony and with my lawyer’s help I felt I could conduct myself appropriately, especially with all of the talismans in my possession. We had prepared for specific discussion about the work that I did and what the president and I had discussed prior to my termination.

The first order of business was to clarify the missing travel expenses. I produced my bank records and the president presented some excel sheets that showed several months of apartment rent that had not been deducted from my salary and apartment deductions like key money and deposit. Although this exposed some serious problems in the dispatch company’s accounting practices, it seemed to add up. One problem was that it appeared that the deposit on the apartments was never returned, but we agreed to study it later and move on.

Then we moved on to an email that I wrote to the president after we met in late October of 2006. At this meeting I had told the president exactly what I expected from him in terms of supporting my future as a System Engineer. I also made it clear that I enjoyed my job but would be forced to find other employment if he did not make action, as had been the case up until that point.

In the email, I wrote, “…If these requests are not acted on, then I will have no alternative but to quit.” The president interpreted this as, if he cannot fulfill all of my requests then I quit. I stated to the judge that I had been jerked around for so long that I needed to make it clear to the president that he had to take action and this was the only way I knew it would work. The items I had written in the email were things I should have been given from the beginning of my employment according to Japanese labour law. In addition, I had not reached the maximum salary that I had been promised despite excellent work.

The President retorted, “I told him that if I allocated insurance and took out taxes that it would affect his base pay and he told me he would not accept a decrease in his take-home pay. His salary was already maxed by the manufacturer and I couldn’t offer him any more money.”

The judge looked squarely at me and said, “Is this true?”
“Judge, after that meeting I wrote everything discussed in our meeting in the email. I cannot recall exactly what was said.” Time wasted watching courtroom dramas on TV is not necessarily wasted time.

“Were you aware that if insurance and taxes were taken care of by your company it would decrease your take-home pay? Did you tell him that this was unacceptable?”

This case is the culmination of the last 11 months of my life and if I blundered into this then I have just wasted time that could have been focused on my career and drained my savings account in the process. To make absolutely sure of what I was hearing I looked to my lawyer and had her repeat the question in basic Japanese.

“Did you discuss your salary at the meeting?”
-Yes, but only that I had been promised more money than I was making. It was not the intent of my negotiation, so I did not include it in the email.

“Did you know that your salary was already at it’s maximum level?”
-No, this is the first time I have heard that.

“Did the president tell you your pay would decrease if he fulfilled these requests and did you reject it?”
-I am aware that my take-home pay would decrease if insurance, taxes and pension are taken out. I did not reject this. As a man with a long-term plan in Japan and a family to consider, I need to be employed legally like my Japanese co-workers are.

The judge dismissed us for a 10 minute break. Afterwards, my lawyer and I entered the room alone and sat across from the panel.

“Is the evidence that the president provided regarding the travel expenses satisfactory?”
-Yes, your honor, we are willing to drop it from the case.

“What sort of damages are you looking for?”
-Full-time wages from the date that I was terminated and recognition that I am still employed by the dispatch company.

“You may leave.”

Then the president went in and talked with the judge for a few minutes. Afterwards, we went back into the meeting room and the judge addressed both of us.

“David is satisfied with the evidence that the dispatch company has presented in relation to the travel expenses. These items are to be removed from the affidavit. This court recognizes that David Klan is still a full-time employee working for the dispatch company and he is owed wages from the time that he was abusively terminated until now. The dispatch company has two weeks to file an appeal to the civil court (minji saiban), since the president has indicated that he will not accept this ruling. A summary of this court’s decision will be sent to both parties as soon as possible.”

As my lawyer and I left the courtroom, we could hear the president sputtering and complaining to the judge about the decision. My lawyer nudged me and said, “This would have all been over if he had sought legal council. No lawyer will take his case now that he has lost, and the longer he drags this out the more money he will end up paying. Omedetou gozaimasu.”

Special thanks to Kara Harris and her brave fight against Nova, paving the way for other gaijins who find themselves in unfortunate circumstances. Also to David Markle for his excellent advice during this difficult time and encouraging me to write these articles.