KCC 931/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, General Administrative Law & Judicial Review, General Employment & Labour Law, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
9 May 2005
Catchwords
Appeal – Administrative Law – Employee’s Rights – Promotion
This case involved a request by an employee for the dismissal of some decisions which had deprived her of a promotion. It was wrongly argued the case should be dropped as the claimant had moved to a different role and had not appealed the decision which had created a new position for her. This was incorrect as the condition of interest should exist for a cancellation case to be accepted.
Background
A claimant filed a case against two defendants and requested the court to order them to dismiss Kuwait Decisions No. 384, 352, and 369/2002 which deprived her of a promotion.
The court ruled that the negative administrative decision which suspended the implementation of a previous ruling in the interest of the claimant should be dismissed.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision