Kuwait’s Appeals Court has ruled that administrative authorities cannot use departmental investigations to indefinitely delay an employee’s resignation or leave their professional status uncertain.
The court stressed that administrative powers must be exercised within the limits of the law and cannot be used arbitrarily. The ruling upheld a lower court decision declaring that the resignation submitted by an employee of the Ministry of Electricity had taken legal effect.
The court ordered the relevant authorities to provide the employee with a clearance certificate, a release from liabilities and legally due service benefits without further delay.
According to the ruling, merely announcing an investigation without taking substantive action and then extending it indefinitely cannot be used as a reason to prevent an employee from exercising the right to resign.
The court emphasized that the administration’s authority over employee resignations is not absolute and remains subject to legal restrictions. It also stated that an investigation in which no genuine procedural steps are taken cannot be used to undermine an employee’s professional rights or official status.
The ruling came in connection with a case filed by the Ministry of Electricity employee, who challenged the continued delay surrounding her resignation while an administrative investigation remained pending.
Lawyer Mohammed Al Ansari welcomed the ruling, saying it could help prevent employees from being left in professional uncertainty because of investigations that are announced without substantive follow-up.
He said disciplinary and investigative procedures must be conducted in accordance with the law and should not be used as a means of restricting employees’ rights or obstructing their careers.
