Kuwait Court of Cassation principle number 4164

The trial court’s obligation to ascertain the correct legal rule applicable to the relationship between the parties to the compensation action and to apply it to the facts before it. The reason. - Bringing a compensation action against the company based on its fault in delaying the worker’s transfer in implementation of medical recommendations. Its basis is not the provisions of tortious liability but the employment contract. The court’s proceeding to determine it on the basis - 768 - Obligation of the provisions of tortious liability, although its basis is a labor dispute falling within the jurisdiction of the Labor Circuit of the Court of First Instance. An error in the application of the law requiring cassation of its judgment.