59 year old David Marshall, former chief operating officer of Fujifilm Australia, is suing the company’s CEO Takeshi Yanese and chairman Nobuhiko Koshimizu for what he claims is ageism.
Marshall will be suing for $1m in compensation against Yanese and Koshimizu for loss of income and benefits. He has been with the company for 18 years.
Marshall will be leaving the company next month after the company sending out a company wide memo in July announcing that Marshall will be leaving Fujifilm.
Marshall’s statement of claim according to the Australian Financial Review says Fujifilm sought to exclude him from high-level client and executive meetings and decisions, moved him to smaller offices, and disconnected him from his email, and that the chairman, and Fujifilm executives repeatedly made discriminatory comments about his age.
The Australian Financial Review claims at a dinner in a Melbourne restaurant, Marshall was taunted and mocked by former Fujifilm CEO Kevin Masuda who allegedly stood up at pointed at Marshall claiming he is ‘too old’ in front of senior clients. It has also been reported this year Koshimizu referred to himself in front of ‘Mr Marshall as old, like past 60, retirement age’ and reportedly told him Fujifilm ‘wants you to find the next Mr Marshall’ and it was looking for a ‘young, strong’ team.
[Related: Report reveals full Fuji Xerox horrors]
The AFR reports Marshall’s 2013 contract amounted to $430,000 in salary a year, 14 per cent superannuation, a 10 per cent bonus, company vehicle, golf membership, private health insurance, plus payment of his home phone, internet and road tolls.
He is seeking $100,000 in damages for distress and suffering as well as any civil penalties that the court imposes on the company, its CEO and chairman.
In addition, the AFR says Marshall is claiming $296,809 in severance benefits he says he was entitled to under his contract but that Fujifilm refused to pay, arguing the benefits kicked in after Fujifilm made changes to his position in July by getting him to perform ‘limited duties away from the office’.
In May, the company requested he move to ‘smaller offices’ away from key personnel and downgraded his travel level from business class to economy, according to Marshall.
Marshall says by July the company had disconnected his email account without informing him and he was not included in major events.
Marshall also alleges that the CEO and chairman made changes so that the company's legal counsel did not notify him that the chairman was working in Australia without a valid working visa.
Current retirement age in Japan is 62, by 2025 it will be 65. In Australia retirement age is not specified but aged pension cannot be accessed before 65.
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