Kuwait Court of Cassation principle number 4567

The worker’s breach of his obligations and the existence of justification for his dismissal. A matter of fact within the exclusive assessment of the trial court. The condition for this. - The challenged judgment’s conclusion that the worker is entitled to an end-of-service gratuity, based on the absence of a serious loss to the employer resulting from the worker’s breach of or failure to perform his obligations imposed by the employment contract, proportionate to the penalty of dismissal with deprivation of the gratuity. An error in the application of the law requiring its partial cassation. The reason: Article 55 of Law 38/1964 did not require that the employer sustain a serious loss as a result of the worker’s breach or failure.