Kuwait Court of Cassation principle number 4576

The worker's breach of his obligations and the existence of justification for his dismissal. A matter of fact whose assessment is within the exclusive competence of the court of merits. The condition for this. - 883 - Labour - The challenged judgment's conclusion that the worker is entitled to the end-of-service gratuity on the basis of denying the occurrence of a serious loss to the employer, resulting from the worker's breach of or failure to fulfil the obligations imposed on him 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 for this: Article 55 of Law 38/1964 did not require the occurrence of a serious loss to the employer as a result of the worker's breach or failure.