A comparative study of the law of dismissal in Japan, Great Britain and the United States from the perspective of employment protection
This thesis analyses the present state of the law of dismissal in Japan, Great Britain and the USA, with a view to evaluating the adequacy of regulation, accessibility of procedure and effectiveness of remedy in each of these systems from the perspective of employment protection. Possible improvements of these systems are considered, having regard to the policies underlying them. In the first chapter, the development of the law of dismissal in each country is briefly reviewed. The second chapter considers the extent to which the protection of the law of dismissal covers different forms of the termination of employment in each country. The third, fourth, and fifth chapters examine the general law of dismissal in these countries and identify what kind of regulation, procedures and remedies apply to dismissals in each case. The sixth chapter examines the legal status of provisions in collective agreements concerning dismissal in each country, and special attention is paid to how arbitration regulates dismissals in Britain and the US. The seventh chapter examines the grounds on which it is unlawful to dismiss employees, the administrative bodies which deal with discriminatory dismissal claims, and the procedures and remedies for discriminatory dismissals, in each country. Chapter eight examines the regulation, procedure and remedies applicable to dismissals for redundancy or economic reasons in each country. The ninth chapter examines the effectiveness of the legal systems of dismissal of each country from the view-point of the employee's protection, and the tenth chapter considers the policy behind the system of each country. The final chapter considers the prospects for improvement of the systems and reflects on Japanese employment law.