KCC 817/2012

This case involved a claim by an employee for damages after they were not promoted and someone with less educational qualifications had been. This was not unfair as the individual had failed at the interview and did not have the required work experience.

Background

A claimant filed a case against a defendant and requested the court to order the defendant to dismiss the decision No. 190/2009 which deprived him of a promotion to a higher position and to pay compensation for the damage.

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 insufficient evidence of causation because the court had established its ruling based on the argument that the person who got the position had more suitable qualifications though the claimant had a higher educational degree.

The court stated this argument was invalid because the claimant had have ten years of experience in the legal field and because he had failed to succeed in the interview required for the position.