Kuwait Court of Cassation principle number 4625

Assessment of the existence of justification for dismissing the worker from work. Within the authority of the trial court. The condition for this. That its assessment be based on reasonable grounds not contrary to what is established in the papers. - The employer. He may dismiss the worker without notice or gratuity. The condition for this. 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 a legitimate reason 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 work without notice or gratuity. Article 55/g of Law 38/1964. The condition for this. If he assesses, from the surrounding circumstances and conditions at the time of dismissal, that the interests of his establishment require it and that the worker’s conduct suffices to end the contractual relationship by termination, so long as this assessment rests on a serious basis and is free of abuse. Example. The employer’s obligations 1- His obligation to pay the female worker’s wage during the waiting-period leave:-