KCC 238/2001
This case involved an administrative decision to transfer an employee because of poor performance and had salary deducted. The key thing was the decision had been taken by someone without the necessary authority.
Background
A claimant filed a case against a defendant on his capacity before the court. She requested the court the court to dismiss the administrative decision issued by the defendant. She said that a decision was issued transfer her to another position for the lack of good performance. She said also said a decision was issued and deducted of five working days from her salary. She said that she should not be punished two times for one mistake.
The court ruled that the mentioned decision 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. He said in his grounds of appeal that the appealed ruling had erred in the application of law and had insufficient evidence of causation. He said that the decision was issued by the relevant authority in accordance with Article 7 and 9 of Kuwait Law No. 116/1992.