KCC 1122/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, Jurisdiction & Choice of Law, General Employment & Labour Law, Civil Evidence
Copyright
LexisNexis
Decision date
21 Mar 2006
Catchwords
Rights of Employee – Disputed Work Assessment – Court Authority – Manager Authority - Evidence
This case involved a disputed grade in a work assessment. It was wrongly argued the line manager and a special staff committee were the only people who could consider this issue. However, the court had the authority to consider it and had received insufficient evidence.
Background
An employee filed a case against a bureau and requested the court to order the bureau to dismiss a grade in a work assessment.
The court ruled that the grade in the work assessment should be dismissed.
The bureau appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The bureau appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and had contradictions of material documentary evidence. It was said the evaluation of employee performance fell under the authority of the direct manager and the committee of employee affairs which consider the comments made by other employees in order to conclude the assessment.