Kuwait Court of Cassation principle number 823

The administrative decision assessing an employee’s competence. It must rest on lawful, existing, and verified grounds and be based on specified objective elements yielding conclusions reasonably and justifiably drawn from sources that materially produce them and legally lead to them. Failure to satisfy this. The decision is deemed to lack the element of grounds justifying it. - Evaluation of an employee’s performance. Entrusted to the assessment of the immediate superior. The superior submits the performance assessment to the next person in the chain of responsibility to express an opinion and state observations thereon. Awarding the employee an arbitrary score for each element without objective and serious grounds. Insufficient. The reason for awarding this score and how it was assessed must be stated, and the report must be submitted to the Personnel Affairs Committee for approval by the competent authority. Example. - 250 - Administrative 2- Medical Licensing Committee:-