Supreme Court: supervisors who see overwork and do nothing breach the duty of care

On 7 March 2025 the Supreme Court held Shizuoka Prefecture liable for the suicide of an assistant police inspector whose overtime doubled to over 112 hours in his last month. His superiors could see his workload and knew his stress check result, and did nothing. Falling short of compensation guidelines does not rule out liability.

Status
Court ruling
Ruling
7 March 2025
Applies to
All employers, through the managers who direct employees' work

What the court decided

A 31-year-old assistant inspector who ran a police box in Shimoda took his own life in March 2012. In his last month he had taken on trainee supervision on top of his post, kept patrolling over a run of burglaries, and was preparing for an overseas training trip. His overtime rose from about 43 hours to over 112. He worked two 14-day stretches separated by a single day off, each including five 24-hour shifts. Three months earlier a stress check had given him the lowest rating, and he had told his section chief. Nothing was done.

The High Court rejected his parents' damages claim because his work did not meet the "qualitatively excessive" test in the public-sector compensation guidelines. The Supreme Court, Second Petty Bench, unanimously reversed. An employer must manage work so that fatigue and stress do not build up to the point of harming employees' health, and managers who direct work must exercise their authority in line with that duty. The guidelines can inform the decision but do not limit it. Here the superiors could see the workload from duty logs and overtime reports, knew the stress check result, and took no step to reduce the load. The case was returned to fix damages.

Why it matters

The ruling applies the reasoning of the 2000 Dentsu case and extends it to public servants. Liability turns on what managers could see, not on whether a compensation threshold was crossed.

Action for employers

Sources

General information for employers, not legal advice. Dates and thresholds are checked against the sources listed and dated above; confirm anything you act on with a Japanese employment lawyer or a licensed labour and social security attorney.