Kuwait Court of Cassation principle number 1051

Employees’ performance appraisals. Not subject to judicial review. Reason. They concern the core competence of the administration, in which the judiciary may not substitute itself for it. Condition. That they follow the sequence and stages instituted, delineated, and regulated by law and be based on correct facts leading to them. - Successive penalties detract from the employee’s proper performance of his work. - No reproach attaches to the Personnel Affairs Committee if, when appraising the employee’s performance, it takes previous penalties into consideration. Condition. That the imposition of a penalty upon him in the same year in which the report was prepared be established. Reason. The principle of the annual nature of the report. - Factual argument concerning matters whose assessment is reserved to the court of merits. Not permissible before the Court of Cassation. An example concerning a performance appraisal.