Kuwait Court of Cassation principle number 4385

Depriving the worker of payment in lieu of notice. Its criterion. That dismissal be for one of the reasons set out in Article 55 of Law 38 of 1964 concerning Labour in the Private Sector before its repeal by Law 6/2010. - Assessment of the existence of justification for dismissing the worker. A factual matter independently determined by the court of merits pursuant to its authority to ascertain and understand the facts of the case and assess evidence, including expert reports. - The employer's obligation to make payment in lieu of notice in the event of termination of an indefinite-term employment contract. Its condition. Failure to observe the period prescribed in Article 53 of Law 38/1964 before termination.