Background

A claimant filed a case against a defendant requesting that the court order it to promote him to first grade and amend a decision to reflect this.

The court ruled that the decision be dismissed.

The defendant appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as a civil service decree stipulated that the promotion of the employee should reviewed by the administrative body. The defendant stated that the administrative body had not nominated the claimant for promotion.

The court held that this argument was invalid as the case documents revealed that the work assessment of the claimant was always excellent. Furthermore, that the claimant's colleagues had been promoted despite being less qualified than the claimant.

The court therefore dismissed the appeal.