KCC 962/2004

This case involved a request for a decision which had redeployed an employee into a job which he claimed was below his qualifications be dismissed. The court stated if the evidence did not show this was a disciplinary matter they had no jurisdiction to consider the case.

Background

A claimant filed a case against the defendants and requested the court to dismiss Kuwait Decision No. 101/2002 and its consequences.

The court said that it had no mandate to consider the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and had contradictions of material documentary evidence. He stated the decision to transfer him to another position was intended to take revenge on him and he had been appointed to a job that did not meet his qualifications. The claimant stated he had provided the court with the documents that proved his claim.