I sensed that my new boss didn’t like me very much, and one day I was suddenly dismissed as a disciplinary measure for a small mistake I made long ago. I did make that mistake. Do I have to accept the disciplinary dismissal?

2022/5/17

A disciplinary dismissal is the heaviest punishment against a worker who breaks company rules and/or damages the company. Disciplinary dismissals may be tied to the non-payment of retirement allowance, and may present a significant obstacle when searching for new work.
As disciplinary dismissals are punitive measures that prejudice workers greatly, the validity of disciplinary dismissals are judged more strictly than a non-disciplinary dismissal.
In determining whether disciplinary dismissals are valid, it is necessary to consider the following:
① Whether the rules of employment, which are the basis of the company’s rules, clearly indicate when disciplinary action will be taken.
② Whether the worker had access to the rules of employment.
③ Whether the worker actually broke the rule in question.
④ If the worker has broken the rule, whether there is reason why he or she should be dismissed by disciplinary action instead of other disciplinary actions such as temporary salary reductions.
⑤ How other workers likely situated have been treated (whether workers who have committed similar acts have been disciplined or not, etc.).
⑥ Whether the worker has been disciplined for the same reason in the past.
⑦ Whether the company has given the worker the opportunity to state his/her position on the matter.
⑧ How long it has been since the worker last broke the rules.
The court has found disciplinary dismissals to be valid in cases such as lying about facts critical to the company by representing false information on a CV submitted at the time of joining the company, being absent without notice as to the reasons for the absence or the whereabouts of the worker for two weeks, or drinking and driving outside of work. In other words, disciplinary dismissals are valid when a worker intentionally breaks a rule or causes serious damage to the company.
In case of disciplinary dismissal, consider consulting with your local Labor Standards Inspection Office, labor union, or lawyers with the Labour Lawyers Association of Japan before giving up.