Kuwait Court of Cassation principle number 1210

An employee's absence from work for more than fifteen days. A presumption of implied resignation. The basis therefor. Art. 81 of the Civil Service Regulations. Its rebuttal by proof of another reason for the absence. - Termination of the appellant's service for absence from work for fifteen days. Establishment that she reported her illness from the beginning of the absence and was authorized to rest for one week. Deduction of this period from the period of absence. The remaining period not reaching the threshold necessary to constitute a presumption of resignation. Its implication: issuance of the termination decision contrary to law. Its effect: the administrative authority's liability for its fault resulting in material and moral damage requiring compensation.