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Dismissal Disputes and Legal Proceedings - Essay Example

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The paper " Dismissal Disputes and Legal Proceedings"  is aimed at identifying decisive factors of the effectiveness of the reinstatement remedy, based on data from 11 interview surveys of workers who litigated in court to return to their former positions…
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Dismissal Disputes and Legal Proceedings
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After interviewing the dismissed workers, the author concluded that though reinstatement is sought through these lawsuits, it is generally difficult for the dismissed workers to return to their former organization after the trial, regardless of how easy it is for the respective worker to get another job.Even a worker who acted as the leader of 8 dismissed co-workers in fighting against the company via a lawsuit consistently to return to the former position since his economic dismissal (X1 of Case 7) said that he was anxious about being accepted by the people at work upon his return to his old job after winning the lawsuit.

In the investigation held after a year and a half from his reinstatement, he was still in the company and said his work was going fine. However, that was not the case from the start. He said that he thought of quitting the company after reinstatement, but he finally made peace with the situation through sheer willpower.In Japan where "seniority-based" wage system and "lifetime employment" practices are dominant, it has often been said that career change reduces the wage level and wastes training and of the worker.

However, only 2 of the 12 interviewees from the 11 cases stated such economic reasons for their pursuing reinstatement. X2 of Case 6, who was dismissed by a printer company due to economic conditions stated that he would not be able to work at other jobs. X of Case 11, who had served as an accommodation department manager at a hotel, also dismissed due to economic conditions, stated that he would not be able to get the same wage level in other companies. Nonetheless, even these two workers did not bring actions to court solely for these reasons.

X2 of Case 6 ( the printer) entered Company Y at the age of 18. He was dismissed in his 50s but he thought of the Company as his own, as a place he wanted to return to. He said that though he did not have any good feelings for the chairman who had fired him, however, he still loved the company, despite people’s amazement, he had no bad feelings for his company.

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