Kuwait Court of Cassation principle number 1105

An employee’s personal fault and service-related fault. The distinction between them. Its criterion. The intent underlying the employee’s conduct while performing the duties of the post. Fault is considered personal if it is gross fault by which the employee intended to spite or harm others or sought personal benefit. An act by which the employee intends to achieve a public interest or one of the objectives the administration is entrusted to achieve and which falls within its administrative function. The fault in this case is merged into the acts of the post. It is considered a fault - 326 - Administrative related to the service for which the administration, rather than the employee, is liable. The judge deduces the distinction between them from the circumstances of each individual case, guided by these criteria. - The employee’s absence and discontinuance of work:-