Terminating an employee's service is one of the most serious administrative decisions affecting an individual's life and stability. Kuwaiti law therefore provides strict legal safeguards for this decision, allowing the aggrieved employee to appeal the termination by filing a lawsuit before the Administrative Court.
First: When is the termination of service decision invalid?
A termination of service decision is considered unlawful – and therefore revocable – in the following cases:
- Issuance without legal investigation (in cases of disciplinary violations).
- Violation of the rules of jurisdiction, form or procedure .
- Absence of a legal reason justifying the dismissal .
- There is a deviation in the use of authority (such as dismissal for revenge or malice).
- Dismissal based on illegal or false reports .
Second: Employee guarantees in the event of dismissal