Kuwait Court of Cassation principle number 1694

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 his position. Fault is considered personal if it is a gross fault by which the employee intended spite or harm to others or sought his own benefit. An act by which the employee intends to achieve a public interest or one of the objectives entrusted to the administration and falling within its administrative function. The fault in this case merges into the acts of the position. It is considered a service-related fault for which the administration, rather than the employee, is liable. The judge derives the distinction between them from the circumstances of each individual case, guided by these criteria. - 485 - Administrative