“ Dismissal if you do not agree with the disadvantageous change in employment form ” is abuse of dismissal
■ Solution date: June 2015 ■ Job title: Sales affairs
■ Length of service: 1 year ■ Female
Sales office of a real estate company. The union member changes the employment form to either “full-commission sales position” or “full-time part-time job” without minimum guaranteed salary due to poor performance, or dismissed if not agreed. Was notified. In the background, the user ordered union members to enter “property data” to be posted on real estate information disclosure sites and information papers, and imposed strict “number of input” targets. It seems that it was influenced by the fact that there were many days when the number of targets could not be reached due to the balance with the business, and that it was continued to be reprimanded for not reaching the target number. The reason for dismissal in the letter of reason for dismissal issued at a later date was merely an enumeration of past business mistakes without specifying the date and time, and it seemed that the right to dismiss was misused.
Even during collective bargaining, employers repeatedly made inaccurate statements about the reasons for dismissal and the behavior of union members, which were the basis for dismissal, and discussions did not engage. Later, the lawyer acted as an agent and an application for early settlement was made, so we agreed to withdraw from the dismissal and agree to retire and pay the settlement money.