Background

An employee filed a case against a bank requesting that the court order the bank to cancel a decision which appointed another employee as branch bank manager and validate his right to acquire the position.

The court ruled that the decision be dismissed and that the employee had the right to be appointed in the mentioned position.

The bank appealed and the appeal court upheld the ruling.

The bank appealed by cassation.

Decision

Before the cassation court, the bank argued that the ruling had erred in the application of law stating that it had issued the decision as it had the authority to evaluate its employees.

The court held that this argument was valid as the bank's statute stipulated that the appointment of general manager should be made by decision of the chief of the board of directors. The court stated that the statute did not stipulate specific conditions for such an appointment, but left this under the authority of the employer.

The court therefore repealed the ruling.