Dave Marshall is suing Takeshi Yanase, CEO Fujifilm, and Nobuhiko Koshimizu, chairman, claiming they dismissed him for being 'too old'.
The 59-year-old COO and MD of Fujifilm, who is set to leave the company in October after being ousted in July, last week launched federal court action against Yanase and Koshimizu, saying they fired him because of his age after 18 years of service.
Marshall alleges that starting in May this year, Fujifilm excluded him from important meetings and decisions, as well as cutting off his email, moving him to a smaller office, and reducing his travel level from business to economy.
He also says senior Fujifilm figures, including Koshimizu, made 'ageist' remarks about him on multiple occasions including at a dinner in Tokyo on May 18, where Koshimizu told him former CEO Mike Machida was 'lucky to be enjoying retired life'. "Dave, you and I are old too. We need a younger person to make [photo imaging] strong as a general manager," Koshimizu allegedly said in Yanase's presence. Marshall claims this remark was unlawful adverse action that resulted in his dismissal.
He refers as well to an alleged incident in 2015 at the Rococo restaurant in Melbourne, in which former CEO Kevin Masuda pointed and laughed at him in front of senior clients, saying "Dave is too old".
Marshall is suing for loss of income and benefits. His 2013 contract included $430,000 in salary per year, plus 14 percent super, a 10 percent bonus, and other benefits such as a company car and private health insurance. He also seeks $100,000 for 'distress and suffering', as well as $296,809 in severance benefits he claims Fujifilm refused to pay despite being entitled to it in his contract; these benefits, he says, kicked in after Fujifilm changed his position in July to make him perform "limited duties away from the office".