Kuwait Court of Cassation principle number 2329

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 for this. - Bringing a compensation action against the company based on its fault in delaying the worker’s transfer in implementation - 434 - Procedure of medical recommendations. Its basis is not the provisions of tort liability but the employment contract. The court’s determination of it on the basis of tort liability provisions, although its basis is a labor dispute falling within the jurisdiction of the Labor Circuit of the Court of First Instance. An error in applying the law requiring cassation of its judgment.