KCC 753/2003

This case involved a request by an employee for the validation of a right to a promotion. Key aspects were that although the employee had over five year's experience this experience did not impact on the seniority calculation.

Background

A claimant filed a case against a defendant and requested the court to validate her right to receive Grade “B” promotion and amounts of money which resulted.

The court ruled that the decision which deprived the claimant of the promotion should be dismissed.

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

Decision

The defendant appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the period of claimant's experience exceeds five years and this experience had nothing to do with the calculation of seniority.

The court stated this argument was valid because the period of claimant's experience exceeds five years and this experience had nothing to do with the calculation of seniority.

The court repealed the ruling.