Kuwait Court of Cassation principle number 397

The employee secondment system. Its basis, purpose and means. Continuation, cancellation, renewal or termination of secondment. Among the prerogatives accorded to the administrative authority and falling within its discretionary power. - The borrowing entity’s decision to terminate and second an employee at the request of the lending entity. Does not constitute fault giving rise to its liability. - The administration’s liability for administrative decisions. Its prerequisite. - Inference of fault giving rise to the administration’s liability. A factual matter for the trial court alone. The condition for this.