KCC 234/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Employment & Labour Law, General Administrative Law & Judicial Review, Termination of Employment
Copyright
LexisNexis
Decision date
12 Jan 2004
Catchwords
Dismissal of Decision – Retirement – Statute Determining Rules and Procedures for Retirement
A case involved a dispute between a claimant and defendants over the dismissal of her retirement decision.
Background
A claimant filed a case against defendants requesting that the court dismiss her retirement decision.
The court rejected the case.
The claimant appealed and the appeal court upheld the ruling.
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 statute of the institute where she had worked had determined rules and procedures regarding retirement, but the ruling had violated these rules.
The court held that this argument was valid as the case documents revealed that the institute had its own statute regarding retirement and such procedures should have been applied over the case.
The court therefore repealed the ruling.