Kuwait Court of Cassation principle number 4803

Assessment of the existence of justification for dismissing a worker from employment. Within the authority of the trial court. The condition therefor. That its assessment be based on grounds that do not contradict what is established in the papers. - The employer. May dismiss the worker the worker without notice or gratuity. The condition therefor. 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 legitimate cause for more than seven consecutive days. - The worker’s breach of, or failure to perform, the obligations imposed upon him 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/z of Law 38/1964. The condition therefor. If, from the circumstances and attendant conditions at the time of dismissal, he considers that the interests of his establishment so require and that the worker’s conduct suffices to terminate the contractual relationship by rescission, provided that this assessment rests on serious grounds and is free from arbitrariness. Example.