Kuwait Court of Cassation principle number 1053

Verification of the validity of the reasons on which the employee’s performance appraisal was based. A question of fact for the court of merits. Its condition. The judgment’s basing its ruling annulling the respondent’s performance appraisal decision on the ground that the reasons stated therein were expressed in general, unspecified terms, find no support in the documents themselves, and lack evidence supporting them, and that the administrative authority did not submit documents establishing the validity of the reasons on which the performance appraisal decision was based; and the judgment’s concluding that the decision is defective in its element of cause, rendering it invalid, and ordering its annulment and the effects ensuing therefrom. No defect.