Kuwait Court of Cassation principle number 169

Summary: - A decision granting promotion. It creates the legal position arising from it, with its effects in terms of the employee’s advancement to the next grade to which he is promoted, the date from which it begins, and the balancing of seniority rankings in promotion among those concerned. The consequence: when implementing an annulment judgment, it must be implemented in all aspects and effects, putting matters in their proper order without prejudicing the rights and legal positions of those concerned. - Issuance of a promotion decision omitting someone more entitled to it. Its effect: the person omitted by the decision has an interest in challenging it for failing to include him in that promotion, not in challenging the promotion of those included in the decision. In such a case, judgment is rendered annulling the challenged decision insofar as it bypassed him for promotion, and does not extend to the promotion itself. Rule: It is established that a decision granting promotion creates the legal position arising from it, with its effects in terms of the employee’s advancement to the next grade to which he is promoted, the date from which that promotion begins, and also the balancing of seniority rankings in promotion among those concerned. Consequently, when implementing an annulment judgment, it must be implemented in all aspects and effects, putting matters in their proper order without prejudicing the rights and legal positions of those concerned. If a promotion decision is issued omitting someone more entitled to it, the interest of the person omitted by the decision lies in challenging his non-inclusion in that promotion, not the promotion of those included in the decision. In such a case, judgment is rendered annulling the challenged decision insofar as it bypassed him for promotion, and does not extend to the promotion itself.