Fukuoka District Court invalidates former postal worker's dismissal due to intoxication, orders Japan Post to pay 'no intentional action'

On the 3rd, the Fukuoka District Court handed down a ruling in a lawsuit filed by a former post office worker in his 40s who had been punished with disciplinary dismissal and reduced retirement allowance for driving under the influence of alcohol, seeking to have the punishment revoked. Presiding Judge Hiroshi Yokoyama found the dismissal to be an ``abuse of disciplinary power'' and invalidated the dismissal, ordering Japan Post to pay unpaid wages and other unpaid wages.

According to the ruling, in February 2023, when the man was acting as a section manager at a post office in Fukuoka City, he drank one bottle of shochu high and three glasses of shochu mixed with water and went to bed. The next morning, about nine and a half hours later, the driver took his foot off the brake pedal, causing a rear-end collision, and his breath was detected at 0.53 milligrams of alcohol per liter of breath.

He was referred to the public prosecutor's office on suspicion of violating the Road Traffic Act (driving under the influence of alcohol), but the charges were dismissed (the charges were not sufficient).

Japan Post's internal regulations stipulate that anyone who intentionally drinks and drives will be subject to disciplinary dismissal or suspension. At issue in the trial was whether the dismissal was appropriate.

Presiding Judge Yokoyama pointed out that the man's actions showed no attempt to avoid drunk driving, and that this was consistent with the man's understanding that he was not aware that he had "leftover alcohol." ``We cannot find that the driver had any intention to drive while intoxicated, even if it was intentional.''

Furthermore, it cannot be said that alcohol played a role in the occurrence of the accident, and Japan Post has determined that the person does not fall under the category of ``person who caused a traffic accident by driving under the influence of alcohol'' as defined in its internal regulations. It was concluded that the decision to dismiss him as a disciplinary measure was invalid as it violated the company's disciplinary regulations.

Yuki Nishino, the man's attorney, said, ``While eradicating drunk driving is important, this is a significant judgment that shows that we should be cautious about imposing the significant disadvantage of disciplinary dismissal.''

In response to the ruling, Japan Post commented, ``We are truly disappointed and plan to appeal.This fact is extremely serious, as the driver was driving under the influence of alcohol with a high level of alcohol, not to mention causing an accident that resulted in personal injury.''