The relationship between Kuwait Oil Company and its leading personnel is a contractual relationship Comments on the decision of the Court of Cassation number 872/2013 administrative/2 dated 19/5/2015
Dr. Ali AlDhofairi
Assistant Professor of Public Law – Kuwait International Law School
Abstract:
On 19/5/2015 the Kuwaiti Court of Cassation- second administrative section- issued its decision number 872 for the year 2014 administrative /2 stating that the cases raised by the employees of Kuwait Oil Company (KOC) will be rejected for not being based on administrative decisions. In fact the decision to end a contractual relationship falls upon the cancellation jurisdiction because it is issued in pursuance of the employment contract which is an administrative contract. Therefore the decisions that are issued accordingly will be subjected to the authority of the full jurisdiction and not to the authority of the cancellation jurisdiction.
We have convened to study this decision critically and genuinely for its effects on the employees of KOC and other governmental institutions that use employment contracts and because of its legal importance, since it recognizes the higher administration’s dominance and capacity to use the power to end employment contracts at any time and through cancellation cases, far from the administrative judiciary’s supervision.