الفصل القضائي للموظف في القانون الكويتي و تطبيقاته : الفصل و العزل الإداري و الإحالة للتقاعد نموذجا

Abstract EN

This article aims to clarify the concept of the public employment, in-service employee, dismissal from the job, the comparison between dismissing the employee for disciplinary or non-disciplinary reasons, and the attitudes of the Kuwaiti administrative judiciary regarding the dismissal of the in-service employee in the ministries, and attached and independent agencies.

the study employs the descriptive approach to describe the problem of the study, the inductive approach to collect the scientific materials from the relevant literature in public law, and the analytical method to look at the jurisprudential opinions in support of the provisions of the Kuwaiti court of cassation.

the study concludes with a number of findings, the most important of which are: disciplinary dismissal is the most dangerous disciplinary punishment contained in the law, the one responsible for which is the direct manager of the employee.

disciplinary punishment on the employee should only be done after a disciplinary investigation in writing or orally, hearing his statements, and other procedures.

the Kuwaiti legislator puts a legal presumption to terminate the employee’s service due to failure based on obtaining poor performance evaluation reports for successive times.

although there is independence between pension and retirement, there is still an overlap according to which the employment bond has come to an end.

ancillary and supplementary punishment is connected to the dismissal of the employee from service with the original punishment, and there is no need to include it in the circumstances of the judicial provision.

it necessarily follows the original punishment automatically, and the judge cannot exclude the dismissal punishment with a clause included in the judgment.