KCC 178/2005

This case involved a request by an employee that her right to receive promotion be validated. The court was wrong to dismiss the case as there had been a previous ruling in which the court had ruled she should be promoted and her defence that the employers had not implemented it had been ignored.

Background

A claimant filed a case against two defendants and requested the court dismiss the administrative decision Kuwait Administrative Decision No. 389/2001 which had seen her overlooked for promotion and validate her right to occupy a new position. During the consideration of the case, a third defendant intervened in the case.

The court ruled that the decision should be dismissed.

The defendants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation because the court had rejected the case based on the argument that the court had issued a previous ruling that responded to her request although the defendants refused to implement this ruling.