KCC 346/2001

This case involved whether an employee who had been temporarily asked to 'act up' to a higher grade should be automatically due that promotion.

Background

A claimant filed a case against a defendant on his capacity before the court. He requested the court to order the defendant to dismiss the decision that skipped over him for promotion. He said that another person was appointed to the position he deserved although the person had less qualifications than him.

The court ruled that the mentioned decision should be dismissed.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law and had insufficient evidence of causation. He said that he was delegated to work as a manager of the department of public relations in the local council and that this decision should be considered as a preparation for the promotion and that it could not be cancelled.

Decision