KCC 968/2003

This case involved a request by an employee that his employer be ordered to promote him. Although the employer's statute included a number of conditions for promoting an employee which he had met the employer was not obliged to promote him.

Background

A claimant filed a case against a defendant and requested the court order the defendant to promote him.

The court rejected the case.

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

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the argument that the statute of the defendant institution did not determine a certain date for promotion although Article 22 of its statute identified a few conditions for promotion and he had met these conditions.

The court stated this argument was invalid because the institution was not obliged to promote the claimant even if he met the conditions.

The court dismissed the appeal.