Kuwait Court of Cassation principle number 4297

Promotion of the worker. There is no scope for it unless specified conditions are satisfied and in accordance with the criteria contained in the promotion system prescribed by the Promotion System Regulations of the company where he works - Kuwait Oil Company - there is no scope in this case for applying the rule of equality. The challenged judgment’s departure from this view and its ruling to promote the respondent on a par with his colleagues, relying on the expert’s report in the action without examining the conditions specific to the promotion system and the extent to which the promotion conditions were satisfied. This renders it defective and necessitates its partial cassation.