Kuwait Court of Cassation principle number 572

The trial court may ascertain the true nature of the challenged decision, understand its substance, and give it its true description and proper legal characterization. Inferring fault giving rise to the administrative authority's liability. A question of fact within the authority of the trial court, without review, so long as it has based its judgment on reasonable grounds. - An employee's right to leave. Conditional upon the administrative authority authorizing the employee to take it. The employee must continue performing work and discharging the duties of the position until the administrative authority communicates its approval. It may deprive the employee of pay for the days of absence; its decision to do so is not a disciplinary decision but rather compliance with the rule of pay in return for work. - Factual argument. May not be raised before the Court of Cassation. Example. - Concerning the secondment of an employee:-