KUWAIT CITY, Oct 20: In a landmark administrative ruling that reinforces the principle of legality and protects the rights of employees, the Administrative Court issued a final ruling annulling the decision to transfer an employee from one government agency to another. The ruling was based on the finding that the decision infringed on the financial benefits and job status of the plaintiff, hence, it is an arbitrary transfer without legal or regulatory justification. Attorney Mohammad Al-Ansari, lawyer for the plaintiff, told Al Seyassah / Arab Times that this ruling is a victory for the principle of job stability and ensures that the transfer is not used as a means to undermine the rights of employees or harm their financial status. He affirmed that the court exercised full oversight over the legality of the decision and determined that it is a disguised punishment in the form of an administrative transfer. Al-Ansari disclosed that the court concluded in its reasoning that the transfer was not carried out in the interest of the public, as it resulted in the reduction of financial benefits and allowances, which the plaintiff enjoyed at his original workplace. He added the employee was transferred to a unit that is excluded from the approved organizational structure of the entity to which he was transferred, rendering the decision null and void and in violation of the law.

He pointed out that the ruling complements a series of principles established by the Administrative Cassation Court, including those contained in its ruling numbers 491/2018, 213/2019 and 102/2021, which stated “a transfer that results in the employee being deprived of his allowances or financial benefits without his consent is an unlawful decision and undermines the principle of equality and equal opportunity.” He stressed that this ruling sends a clear message to government entities that they must adhere to the regulations governing transfer decisions, and that these decisions should not be taken as a means of administrative retaliation or to pressure employees, as they should be based solely on public interest, without prejudice to employment or financial rights. He stated that this ruling reaffirms the principle of transparency and legitimacy in public service, and confirms that the Kuwaiti judiciary does not tolerate any administrative decision aimed at circumventing the law or undermining the guarantees provided by the employment system for civil servants.

The ruling affirmed that the administrative body has no authority to transfer an employee to a lower position in terms of financial grade, nature of work or job level, otherwise, the decision will be deemed tainted by abuse of power. The ruling stated that the Administrative Court has the jurisdiction to hear transfer cases if it is determined that the transfer decision includes a disguised disciplinary penalty or infringes on the employee’s financial rights. This is based on established rulings of the Administrative Court of Cassation, including Administrative Appeal numbers 975/2015 and 976/2015 and Administrative Appeal No. 2 during the session held on March 29, 2022. The Court of Cassation affirmed that a transfer deviating from the public interest and leading to reduction in salary or allowances is a harmful administrative decision and violates the law.

By Jaber Al-Hamoud

Al-Seyassah/Arab Times Staff