KCC 197/2005

A case to make an occupational and financial settlement according to an administrative decision was rejected. The employee tried to claim he had not wanted to dismiss the decision just to validate his settlement rights. This argument was invalid because the decision included general rules which did not result in legal changes.

Background

An employee filed a case against defendants and requested the court to order them to make an occupational and financial settlement according to a Kuwait Administrative Decision No. 10/2003.

The court rejected the case.

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

The employee 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 because his case did not intend to dismiss the administrative decision but to validate his right to a final settlement on his occupational position.

The court stated this argument was invalid because the decision included general rules which did not result in legal changes. The court stated the procedures made were preparatory ones which did not have effects on the application of the decision.