KCC 360/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, General Employment & Labour Law, General Administrative Law & Judicial Review
Copyright
LexisNexis
Decision date
16 Feb 2004
Catchwords
Employee’s Rights – Promotion – Mandate of Decision Issuer – Occupational Promotion – Financial Promotion – Administrative Law
This case involved a request by an employee that Administrative Decisions be repealed on their right to a promotion. It was wrongly argued the individual who had issued these decisions did not have the mandate as they were different from a promotion by choice. It was confirmed a financial and occupational promotion had common legal ground.
Background
An employee filed a case against a defendant and requested the court to order the defendant to dismiss Kuwait Administrative Decision No. 113/2001 and validate their right on the disputed promotion. The employee requested the court to order the defendant to dismiss the Kuwait Decision No. 1377/2001.
The court ruled that the two decisions should be dismissed.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision