Japanese

On April 28, 2023, the Tokyo District Court handed down its decision against MED-EL Japan Co. Ltd., regarding workplace harassment by the management. The court found that the company's abuse of authority against the plaintiff Ms. Migiwa Kanazawa was true, and recognized the illegality of their acts. Accordingly, the defendant was ordered to pay compensation to the plaintiff.

Numerous facts that came to light during the trial are deeply disturbing, but the company refuses to admit its wrongdoings. Even after the verdict came out, workplace harassment continues to this day.

Summary of the Verdict:

(1) The management of MED-EL did not assign any job to the plaintiff for more than five years and excluded her from business and social communications at work. 
The court found that the series of actions taken by the defendant were illegal, stating that MED-EL "isolated the plaintiff by removing her from workplace interactions," and "significantly deteriorated the work environment of the plaintiff."

(2) The undue pressure persistently put on to resign was found to be illegal.
The court found that "the defendant emotionally manipulated the plaintiff in an attempt to make her feel she had no other choice but to resign,” and “she was repeatedly subjected to words and actions that unfairly hurt her feelings of self-worth," and "it is undeniable that the plaintiff became emotionally distressed because her wishes and intents as a worker were unfairly suppressed.

(3) Demotion and reassignment to a janitorial position had an unjust purpose.
The court ruled that the demotion and reassignment to the janitorial work of the plaintiff were illegal because it involved abuse of authority, stating, "The purpose was to intensify the pressure against the plaintiff, who had refused to resign, or to justify an abnormal reduction in her wages.

(4) Even after the plaintiff was fully reimbursed for the 50% reduction of her salary, MED-EL was ordered to pay additional compensation for emotional distress.
The court found that "the illegality of the defendant is serious. The repayment of the lost wages did not compensate for the emotional distress of the plaintiff.”

(5) The company was ordered additional payment of 30,000 yen per month in wages from April 2022 onward, in addition to 30,000 yen per month in back pay.
The court ruled that the reduction of 30,000 yen in base monthly salary "constitutes an unjust adverse change," and ordered the company to readjust her future wage and compensate for the 30,000 yen of monthly reduction over the past year.

(6) The court ordered the company to pay 2.2 million yen, a relatively high compensation amount for workplace harassment.
Immediately after filing this case two and a half years ago, Ms. Kanazawa was demoted from a managerial position to a non-managerial position and transferred to a different section. Her wages were reduced accordingly.

Even after the verdict, her demotion has not been reversed, and she is still excluded from corporate communications, thus remaining isolated from the rest of the company.

MED-EL Japan sells medical devices called cochlear implants, which help people with hearing loss to regain their ability to hear and improve their quality of life. The company should fulfill its moral responsibility as a health care provider, for the sake of people who need these devices and for society as a whole. MED-EL Japan should improve its working environment and normalize its labor relations, in accordance with the corporate ethics and philosophy established by the headquarters, as well as with all applicable laws. By so doing, the company can restore its reputation in society and regain trust of the users.

To change the abusive labor-management relationship with the plaintiff, we call on MED-EL Japan to take the following actions:

(1) Accept the court's decision and formally apologize to the plaintiff for its abuse of power at the workplace. The statement of apology should be widely disseminated both internally and externally.

(2) Stop unreasonable treatment of Ms. Kanazawa. Reinstate her to a managerial position with an appropriate job title and responsibilities.

(3) Involve an external consultation firm to prevent future work-related harassment, psychological abuse, and gender discrimination, while taking preventive measures mandated by law.

Your signatures will be submitted to Yoshinobu Nakashima, President of MED-EL Japan Co. Ltd., and Ingeborg Hochmair, CEO of MED-EL Medical Electronics in Innsbruck, Austria. We hope you will join us in this effort.

*Your personal information will not be used for any purpose other than to submit this statement to MED-EL.

<Post-Verdict News Articles>
Bengo4.com News
https://www.bengo4.com/c_5/n_15979/
May 9, 2023

Kyodo News
https://nordot.app/1024626302321885184
April 28, 2023

<Petitioner>
MED-EL Trial Committee All Volunteers
end.harassment.japan@gmail.com
+81-70-5570-9427