Dear colleagues,

As was noted in Letter from Noji (no. 59, http://ac-net.org/rtm/No/59, text in Japanese: see http://ac-net.org/rtm/No/77 for an English translation), the Kyoto Local Court on 10 May 2006 determined that the decision last year to fire a member of APU faculty (a tenured assistant professor) was an abuse of the right of dismissal, and is thus void. Nevertheless, Ritsumeikan has appealed the decision, and court proceedings have begun again. The Trust has decided to embark on a dishonourable court case in which it has little chance of winning. I feel that this indicates that the Trust wants to extract vengeance upon this particular member of faculty (see comment 243 below), but also that there is an element of intimidation - the Trust is sending a message that anyone who seeks legal help in fighting Ritsumeikan will be subjected to a court case which Ritsumeikan will, without regard to its chances of winning, seek to both prolong and cause as much damage as possible. This is an example of the Ritsumeikan negotiation technique. It is also an inefficient use of the monies paid to Ritsumeikan by our students. I await with interest an explanation to students as to why it has been decided to use monies in this way.

Below, I reprint comments that have been posted on an internet petition calling for a fair verdict in the court case seeking an order for temporary measures to preserve the status of the APU lecturer who was fired this year.

[243] 2006-07-26 02:17:02

Calling for a speedy verdict from the justice system (Lecturer, Faculty of Arts, Hirosaki Gakuin University)

(Originally posted in Japanese: see http://university.sub.jp/apu/saiban/index.php?job=kobetsuhyouji&aux=250).

If one hopes to resolve normal cases of illegal dismissal in the courts, a large investment in terms of time and labour must be made. In the case of academics, it is impossible to conduct research and education while the case is being tried, and irreparable damage will be inflicted on one's career. I myself have won a case against the legally incorporated educational institution, Hirosaki Gakuin University (to be more exact, I have had part of my claim accepted by the courts). In addition to the spiritual pain and suffering and material losses inflicted on me during the court proceedings, all plans for my future life were utterly destroyed. I was unable to live the healthy and cultured life guaranteed under the Japanese Constitution. I have yet to recover from the damage inflicted on me.

Looking at the recent sequence of events at Ritsumeikan University, I cannot help but conclude that the legally incorporated educational institution Ritsumeikan is ignoring the fact that the educational institute and its faculty are public entities, and the fact therefore that the status of faculty is guaranteed by Article 6 (2) of the Fundamental Law of Education. An institution that does not view those who are responsible for research and education as an asset is an institution which has forgotten its pride and mission. Managers at such institutes will attempt to prolong disputes between labour and management, and management will attempt to exhaust faculty both mentally and financially.

Unlike small and medium sized private universities in local areas outside the big cities, which are in deep economic strife, the legally incorporated educational institution Ritsumeikan enjoys surpluses, and is using this as a stick to beat down and oppress those who want to devote themselves to education and research. The longer a court case takes, the greater the unconditional advantage to Ritsumeikan. I ardently hope that the court in the present case will use the various labour laws and regulations, the various educational regulations, and various past court findings in order to reach a swift resolution of this case.

[225] 2006-07-23 23:42:59

Message of unfair labor practices spreads beyond Japan's borders（ Durham, New Hampshire, USA・Japanese Instructor）

(Originally posted in English: see http://university.sub.jp/apu/saiban/index.php?job=kobetsuhyouji&aux=232).

As a current instructor of Japanese at a state university in the US and a former Ristumeikan employee, I find it regrettable that I have to explain the unfair labor practices of universities like Ritsumeikan to my many students who are considering a career of teaching in Japan. As their teacher, it is my responsibility to educate them about the realities of unfair employment practices when it comes to teaching in Japan. Unfortunately, Ristumeikan stands as a prime example of how these unfair practices manifest. The actions of the Ritsumeikan administration not only adversely affects language professionals currently residing in Japan, but also influences future language professionals currently in training in the US. This surely cannot be the type of international reputation Ritsumeikan University hopes to create.