Engineering a breakthrough

Le Van Tach, who in May stepped forward to expose technical flaws in all Toyota Motor Vietnam (TMV) models, told VIR he had evidence showing TMV had tried to “cheat” customers and make his life difficult.

Last week Tach and his lawyer filed a lawsuit against TMV in the People’s Court of Vinh Phuc province’s Phuc Yen town. This is where TMV is based and Tach lives.

Tach requested in writing that the local police, the Ministry of Public Security and the people’s procuracy at all local levels bring TMV and its general director Akito Tachibana to court for slandering him and violating his privacy.

“I fully believe that I will win the lawsuit. If this lawsuit fails, I will make another larger move to force TMV to admit its violations against me,” Tach said.

The lawsuit was filed because Tach believes TMV treated him unfairly after he exposed technical faults in Toyota cars.

Tach’s actions led to a large recall early this year.

Tach said in 2006, 2009 and November last year he and his workmates had discovered three flaws in cars including below-standard rear wheel brake cylinder pressure, striker bolt No.8 tightening torque reduction and camber tightening before suspension high adjusted. But TMV called these flaws “issues”.

Tach said he had reported the problems to the TMV leadership team on several occasions, but it turned a blind eye.

“If the company continues cheating customers like this, I will continue suing it [TMV] via Vietnam Association for Consumers’ Benefit Protection, with sufficient evidence.

“While my discovery is helpful to the company and customers, TMV’s leadership said I was destroying the company’s image and gradually sending the firm out of business,” he said.

“Besides, it has also violated my privacy rights by reading my emails without my consent. After that it concocted stories harmful to me,” he said.

At a meeting between TMV’s leadership and Tach in late August, general director Tachibana said Tach’s email included private information not related to the company’s business. Toyota IT staff claimed, for example, to have discovered emails questioning Tach’s loyalty as a husband.

TMV also accused Tach of having “used company’s property for his personal purposes”. “Because the internal office email system is considered as TMV’s property, TMV is entirely the property’s owner with full rights to use, manage and decide [how to use] this internal mailbox,” said a Toyota release.

But Tach argued TMV had probably altered the emails’ content. “I have asked them [TMV] four times to give me those emails for verification, but they have yet to give them to me.”

Tach’s lawyer Pham Van Phat, director of Hanoi-based An Phat Pham Law Firm, said TMV’s action violated citizens’ correspondence privacy rights protected by relevant laws. “The company’s regulations cannot be above the law,” he said.

Tach also said he had also sued TMV and Tachibana for suspending him from work from June 13 to September 13, 2011 “without any sound reason”.

On August 24 Toyota decided to cut short this suspension and transferred him to another position with a lower salary for 6 months.

“It is absurd. TMV cannot treat me that way,” Tach said.

Tach recently also discovered another six flaws in all ranges of Toyota cars and physically met TMV’s leadership to discuss the faults. However, the company once again rejected his exposure of the “flaws”.

TMV’s manager of public relations Le Thi Huong Diu last week told VIR that TMV had yet to receive any official information about the lawsuit. “In case we receive it, we will act in accordance with the law,” she said.

TMV also reported that despite the scandal, its car sales were still recording growth. The company sold 3,126 cars in August, giving it a 32.8 per cent of the local car market share, while these figures were 2,365 and 27.7 per cent, respectively, in July. The sale volume was 1,459 in May, 1,918 in June and 2,365 in July 2011.

A representative from a Toyota salesroom in Hanoi told VIR the scandal had “partly affected” the agency’s sales, especially during May and June. Since early this year, the agency has sold some 250-300 cars monthly. “But sales will go up in the last few months of the year because of rising demand,” said the representative.