Kuwait Court of Cassation principle number 4571

Assessment of the existence of justification for dismissing a worker from employment. Within the authority of the court of merits. The condition thereof. Its assessment must rest on grounds that do not contradict what is established in the papers. - The employer. He may dismiss the worker without notice or gratuity. The condition thereof. The existence of the grounds for dismissal specified in Article 55 of Law 38/1964 concerning Labour in the Private Sector, including the worker’s absence without lawful cause for more than seven consecutive days. - The worker’s breach of, or failure to perform, his obligations imposed by the employment contract or prescribed by the provisions of the law. Its effect. The employer has the right to dismiss him from employment without notice or gratuity. Article 55/g of Law 38/1964. The condition thereof. If he assesses, from the circumstances and conditions surrounding the dismissal at the time, that the interests of his establishment so require and that the worker’s conduct is sufficient to terminate the contractual relationship by rescission, provided that this assessment rests on a serious basis and is free from arbitrariness. Example. - 882 - Labour - His obligation not to compete with the employer:-