Kuwait Court of Cassation principle number 114

Summary: - The cash allowance received by a member of the judiciary or a member of the Public Prosecution during the commutation period equals the comprehensive monthly salary he receives for his ordinary work. The consideration for the commutation month, which is periodic leave deducted from the balance, is paid after the commutation month has ended. Inclusion of the remuneration prescribed for that category and those seconded to technical offices and elsewhere among the components of the comprehensive monthly salary for the commutation month. Basis thereof. - Secondment of judges and members of the Public Prosecution to perform work in addition to their original work. Entitlement to the prescribed monthly remuneration for their additional work. Addition of that remuneration to their salary for their original work during their annual leave and the commutation month. Rationale and basis thereof. Example. Rule: It is established from Supreme Judicial Council Decisions Nos. 18/2002, 39/2005, 12/2009 and the internal regulations attached thereto that “the cash allowance received by a member of the judiciary or a member of the Public Prosecution during the commutation period equals the comprehensive monthly salary he receives for his ordinary work, and the cash consideration due for the commutation month—which is deemed periodic leave deducted from the balance—is paid after the commutation month has ended. The remuneration prescribed for members of the judiciary and members of the Public Prosecution seconded to technical offices and elsewhere is included among the components of the comprehensive monthly salary for the commutation month ..” Item No. 15/b of the aforementioned Supreme Judicial Council Decision No. 15 of 2012 also provides that “a member of the judiciary or a member of the Public Prosecution is entitled to the remuneration or allowance during the period in which he actually performs the additional work, as well as during official holidays and permitted leave for which he is entitled to a salary under the Civil Service System, provided that the leave is not contiguous with the date of termination of his service.” This indicates that the secondment of judges and members of the Public Prosecution to undertake the burdens of other work temporarily, in addition to their original work, entitles them to payment of the prescribed monthly remuneration: for their additional work. This remuneration is added to their salary for their original work during their annual leave and the commutation month, since the periodic leave obtained by a judge or member of the Public Prosecution during his employment does not sever his connection with his original and additional work. In view of the foregoing, the applicant is entitled to have the monthly remuneration due to him for his additional work on the Marriage Registrars Committee added to the consideration for commutation of his periodic leave during his secondment. On that basis, the Court rules that the applicant is entitled to payment of monthly remuneration in the amount of KWD 1500 for two years (the secondment period), and is also entitled to have this remuneration added to the consideration for commutation of his periodic leave during that period.