Kuwait Court of Cassation principle number 792

The court of merits must ascertain the correct legal rule applicable to the relationship between the parties to the compensation action and apply it to the facts before it. The reason therefor. - Bringing a compensation action against the company on the basis of its fault in delaying the worker's transfer in implementation of medical recommendations. Its basis is not the rules of tort liability but the employment contract. The court's proceeding - 510 - Civil Procedure to determine it on the basis of the rules of tort liability, although its basis is a labour dispute within the jurisdiction of the Labour Circuit of the Court of First Instance. An error in the application of the law requiring cassation of its judgment. - The Labour Circuit of the Court of First Instance. The scope of its jurisdiction.