Kuwait Court of Cassation principle number 4457

Depriving the worker of compensation in lieu of notice. Its criterion. That his dismissal is for one of the reasons specified 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 trial court by virtue of its authority to ascertain and understand the facts of the case and assess the evidence, including experts’ reports. - The employer’s obligation to pay compensation in lieu of notice upon termination of an indefinite-term employment contract. Its condition. Failure to observe the period prescribed in Article 53 of Law 38/1964 before termination. - Compensation for termination. Its restriction to fixed-term contracts.