Question from a reader:
I am troubled by the smell issue at my workplace. There has been a person with body odor in the same workplace for 3 to 4 years, and especially in the summer, it is really tough. There are even people who have quit because of this smell. The company provides two uniforms and detergent, but there has
been no improvement at all. It might be a matter of body constitution, but it seems like they just aren’t washing their clothes since the smell is noticeable as soon as they arrive in the morning. Due to the risk of wrongful dismissal, it is quite difficult to take measures, but is it acceptable for the company to dismiss them? If they are sued for wrongful dismissal, is there a high possibility of losing?

How to Address Workplace Smell Issues: A Legal Perspective

Hello! Today, I would like to discuss a somewhat delicate topic: the issue of smell in the workplace. For those who have been working in the same place for many years, this is a very troublesome issue. In fact, a reader has expressed their concern about “a person with body odor, especially in the summer, being really tough.” I would like to consider an approach to this from a legal perspective.

The Seriousness of the Smell Issue

First, let’s consider how much the smell issue can affect the workplace. As someone who has been behind the scenes in comedy, I have interacted with various people. On stage, “smell” can be quite a significant problem. Since performers often have to be considerate of each other, if someone has an odor, it can affect their performance.

The same goes for smells in the workplace. Especially when spending long hours in the same space, the stress from unpleasant odors can become a mental burden. If the workplace environment deteriorates, productivity can decline, and in the worst-case scenario, it can lead to resignations. As in the case of this reader, having someone actually quit is a significant loss for the company.

Legal Perspective

Now, let’s think about how companies should address such situations from a legal standpoint. Generally, if an employee’s odor causes discomfort to other employees, the company has a responsibility to address the issue. However, “dismissal” is a very delicate matter.

Risks of Dismissal and Wrongful Dismissal

What you are probably worried about is, “If I dismiss them, what is the risk of being sued for wrongful dismissal?” First of all, dismissals are generally limited to cases where there is a “business necessity.” If a company dismisses someone due to smell issues, and the grounds are not clear, there is a possibility of being sued for wrongful dismissal.

For example, as the reader pointed out, if the company provides uniforms and detergent but there is no improvement, it may be influenced by the employee’s constitution or personal habits. In this case, no matter how much effort the company puts in, justifying the dismissal would be difficult. Legally, dismissal is often considered a “last resort.”

Considering Other Approaches

So, what are the alternatives to dismissal? I believe that direct communication is essential for improving the workplace environment. In other words, it is necessary to honestly convey to the person involved that their odor is a concern.

A friend of mine faced a smell issue in the office and first consulted the HR department. As a result, they raised the topic of “initiatives to improve the workplace environment” in a general meeting, focusing on hygiene. The key is to present it as a “collective issue” rather than a “personal attack.” By doing so, awareness may change.

In-House Awareness Activities

Furthermore, in-house awareness activities can also be effective. In companies I know, they regularly hold “workplace hygiene management seminars” to educate employees on the importance of hygiene management. Such initiatives could gradually improve the smell issue.

Dismissal as a Last Resort

If the situation still does not improve, it may become necessary to consider dismissal as a last resort. However, in such cases, it is essential to act fairly according to the “employment regulations.” When dismissing someone, it is crucial to conduct thorough hearings in advance and provide opportunities for improvement.

Ultimately, companies should also want to value their “human resources.” Dismissal should be a last resort, and there should be many things that can be done beforehand. As colleagues in the workplace, it is important to prioritize communication and work towards creating a better environment.

Conclusion

What do you think? The smell issue is very delicate and may take time to resolve. However, it is essential to fulfill the company’s responsibilities while maintaining good relationships with employees.

Ultimately, communication and awareness activities are key. If the situation does not improve, appropriate actions should be taken following the proper procedures. Let’s make efforts, even little by little, to create a more comfortable workplace environment.

Through my experiences working in the entertainment industry and interacting with various people, I have overcome such issues. Let’s work hard together!