Background

An employee filed a case against a defendant requesting that the court order the defendant to dismiss two decisions which had decreased his salary and transferred him to another school.

The court ruled that the decision decreasing the salary be dismissed and that it had no mandate to consider the second decision.

The employee and the defendant appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as the court had established its ruling based on the first decision being issued by a minister who had no mandate in the issue, however, the legislator gave the minister the authority to make penal decisions.

The court held that this argument was valid as Article 61 of the Kuwait Law of Civil Service, Kuwait Law No. 15/1979 stipulates that the minister has the authority to amend the decision of the deputy minister or dismiss it.

The court therefore repealed the ruling.