KCC 1303/2017

This case involved whether an employee who had been dismissed for a misuse of authority should have been referred to a retirement scheme.

Background

An employee filed a case against two defendants before the court. He requested the court to order the defendants to dismiss Decision No. 2394 and to issue a decision to refer him to retirement scheme. He also requested the court to order the defendants to pay him compensation.

The court dismissed the case.

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

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. He said that he had requested the defendants to refer him to the retirement scheme but they had dismissed him from his job due to disciplinary reasons although the penalty he received did not fall under the penalties stipulated by Kuwait Decree No. 124/1998.

Decision