Background

A claimant filed a case against two defendants requesting that the court dismiss a decision which rejected his appointment to a new position and order the defendants to pay compensation.

The court rejected the case.

The claimant appealed and the appeal court held that the claimant had no right to appeal.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the dismissal decision aimed to fulfil aims that differed from those stipulated by law, therefore the decision should be dismissed.

The court held that this argument was invalid as the dismissal of the employee during his probation period, stipulated by Article 15 of Kuwait Law No. 15/1979, could not be considered a disciplinary dismissal.

The court therefore dismissed the appeal.