Examining Return-to-Work Assessment Criteria and the Scope of the Court Decision:

From a Legal Perspective

Abstract

This paper summarizes key points from the author’s presentation at the Joint Society Symposium 1 (with the Japanese Society of Occupational Mental Health) titled “Analysis of the Sharp NEC Display Solutions Case,” held during the 4th Annual Conference of the Japan Association of Occupational Health Law. The paper examines the scope of the court decision and return-to-work assessment criteria from the three perspectives; (i) the relationship between recovery from mental illness and the risk of relapse/recurrence; (ii) employer discretion in designing leave-of-absence policies; and (iii) the relationship between leave-of-absence systems and the doctrine of abuse of dismissal rights.