Kuwait Court of Cassation principle number 4942

The application submitted by the worker to the Ministry of Social Affairs is the procedure by which the action begins and the legal means by which the court becomes seized thereof. Its implication. It produces the effects arising from judicial proceedings. The natural or legal person identified by the worker in the application as the employer must be the same person against whom the judicial proceedings must be directed. The worker’s error in this respect. Its effect. The action is inadmissible for having been brought against a person lacking proper standing. Example concerning an application addressed by the worker to the Ministry being confined to a person who is not the employer. Subsequently joining the employer when the application is referred to the court. Inadmissible. The judgment’s imposition of liability on the latter. An error requiring its cassation.