Kuwait Court of Cassation principle number 1330

The court of merits, in order to determine its jurisdiction to adjudicate the dispute, may characterize the claims in the action, understand them according to their true nature, and give them their proper description without being bound by the litigants' characterization thereof. Its condition. - The jurisdiction of the Administrative Circuit in respect of applications for annulment of administrative decisions concerning civil servants. Its restriction to applications for annulment of decisions concerning appointment, promotion, termination of service, or imposition of disciplinary penalties. - Applications for annulment of decisions seconding and transferring employees. The Administrative Circuit has no jurisdiction over them unless they involve a disguised punishment within this Circuit's jurisdiction. - An employee has no right to remain in a particular job location, even if he claims that he derives particular experience from it that is unavailable in the position to which he will be transferred. The reason for this. It is a general legal status that may be changed at any time, and the administration has discretionary power to decide this, without review thereof, so long as the transfer realizes a public interest and is not tainted by abuse or misuse of power or involves demoting the employee to a position of a lower grade or rank, or other matters whereby the transfer conceals a disciplinary punishment. The nature of the transfer decision is not altered by its having followed an investigation into errors attributed to the employee, whether or not he was found guilty of them. - Inferring whether or not the transfer decision contains a penalty. For the court of merits. Its condition. Its finding that it is not a disciplinary punishment. Its effect. It must rule that it lacks jurisdiction.