Kuwait Court of Cassation principle number 3897

The employee's personal fault and service-related fault. The distinction between them. Its criterion. The intent inherent in the employee's conduct while performing the duties of his office. Fault is regarded as personal if it is 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 to achieve and falling within its administrative function. The merging of fault in - 720 - Obligation this case into the acts of the office. Its treatment as service-related fault for which the administration, rather than the employee, is liable. The judge infers the distinction between them from the circumstances of each individual case, guided by these criteria. The employee's disciplinary liability: