Abstract
Regarding responses to employees suspected of having developmental disorders, from an occupational health perspective, attending physicians face limitations in gathering information solely from the employee. Therefore, information sharing and collaboration with occupational physicians are crucial. Occupational physicians are expected to fulfill a mediating role by facilitating dialogue and applying their assessment of pathological factors to implement reasonable workplace accommodations, thereby helping workers better adapt to their jobs. Additionally, implementing trial work periods can be beneficial. From a legal perspective, the court ruling in this case determined that treating symptoms suspected to be related to a developmental disorder as grounds for automatic resignation, rather than as a reason for a leave of absence, constitutes an attempt to circumvent the abuse of dismissal rights doctrine. However, considering the purpose of the leave of absence system, this case should be handled as a dismissal based on a lack of ability or behavioral grounds under the abuse of dismissal rights doctrine after the employee’s reinstatement. Nevertheless, in cases such as this one, where distinguishing between an illness and underlying characteristics is not straightforward, some experts suggest that provisions in work regulations regarding reinstatement requirements should be reconsidered, necessitating further examination in the future.
