Background

A claimant filed a case against a defendant requesting that the court dismiss a decision which deprived her of promotion.

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 the case documents revealed that the claimant had been promoted to her current position by choice, therefore, as she had already been promoted, she could not be considered for another promotion under the decision.

The court held that this argument was invalid as the claimant's promotion by choice should not have prevented her promotion in this instance by choice under a Civil Service Council Decision.

The court therefore dismissed the appeal.