Japan high court rejects paternity harassment allegations

Law Firm Marketing

A Japanese High Court on Thursday rejected an appeal by a former brokerage manager alleging on-the-job harassment and unlawful dismissal after he took parental leave while working at Mitsubishi UFJ Morgan Stanley.

The case of Glen Wood, a Canadian who has lived in Japan for more than three decades, has come to symbolize concerns over “paternity harassment,” or “pata hara.” Wood’s is a rare case, for Japan, of a father seeking to take parental leave. Maternity harassment is more common.

Wood began his fight in 2017, alleging he was harassed and forced from his job after taking parental leave when his son was born in 2015.

The company rejected Wood’s request for parental leave. His son was born prematurely and he rushed to see him though the company told him to just keep working, according to the lawsuit.

When Wood returned to work in 2016, he was stripped of some of his responsibilities and excluded from business meetings, according to court testimony. The company dismissed him in 2018.

In a 21-page ruling, the Tokyo High Court rejected the harassment claims. It defended the company’s acts as “inevitable.”

Mitsubishi UFJ Morgan Stanley said Thursday’s ruling showed the company’s view had been accepted.

Wood said he would take his case to the Supreme Court, even if that means the legal battle might continue until his son, now 6, is in college.

“Harassment is never an acceptable form of management,” he said at a news conference at the health and labor ministry.

Wood now heads his own company, which provides transport management, corporate governance, environmental solutions and other services.

Japan’s population is shrinking and its birth rate is among the lowest in the world. Despite the outcome of Wood’s case so far, the government has made parental leave a policy priority, allowing absences of up to 12 months. But actual practice hasn’t lived up to the law.

The Tokyo District Court ruled against Wood in 2020, saying it did not find “reasonable grounds” for believing there was harassment. It also criticized Wood for taking his case public instead of quietly resolving the dispute with the company, which has made some changes to its parental leave policies since Wood’s dismissal.

Related listings

  • CDC restates recommendation for masks on planes, trains

    CDC restates recommendation for masks on planes, trains

    Law Firm Marketing 05/03/2022

    U.S. health officials on Tuesday restated their recommendation that Americans wear masks on planes, trains and buses, despite a court ruling last month that struck down a national mask mandate on public transportation.Americans age 2 and older should...

  • California Litigation Law Firm Launches New Website

    California Litigation Law Firm Launches New Website

    Law Firm Marketing 08/18/2021

    Law Promo is pleased to announce the launch of the new website for the California real estate litigation law firm website. About Dagrella Law Firm, PLC is a boutique litigation practice specializing in exceptionally complex and challenging disputes a...

  • Responsive Personal Injury Law Attorney Website Design

    Responsive Personal Injury Law Attorney Website Design

    Law Firm Marketing 08/06/2021

    Responsive Personal Injury Law Attorney Website Design. In this design, the strong descriptions aligned on the left side of the website really counter-balances the mallet on the right side of the screen. Ideally, you want to make sure that those who ...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read