Kuwait Court of Cassation principle number 66

An employee’s absence from work for more than fifteen days. A presumption of implied resignation. Its basis. Article 81 of the Civil Service Regulations. Its rebuttal by proof of another reason for the absence. - Authorization of medical leave. Its procedures. Personnel Bureau Circular No. 2 of 1973. - Termination of the appellant’s service for absence from work for fifteen days. Proof 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 does not reach the threshold required for it to constitute a presumption of resignation. Consequence: issuance of the termination decision contrary to law. Effect: the administrative authority’s liability for its fault resulting in material and moral damage requiring compensation.