On September 17, 2026, the Kuwait Appeals Court delivered a landmark ruling determining that government employees cannot be prevented from resigning based on pending investigations. The court stated that administrative power cannot be used to indefinitely stall an employee's right to resign by citing ongoing probes, particularly when no substantive progress has been made on such investigations. Key points from the ruling include: - Government employees cannot be blocked from resigning due to pending investigations. - Administrative power cannot indefinitely stall resignation rights without probe progress. - Ministries must accept resignations and provide clearance and terminal benefits. - Rulings protect workers from career restrictions and legal limbo.
The ruling originated from a case involving a female employee at the Ministry of Electricity, Water and Renewable Energy.
The Appeals Court upheld a lower court's decision, mandating that the ministry accept the employee's resignation and provide her with all necessary clearance certificates, release of liabilities, and full terminal benefits. The court emphasized that while the government possesses authority, it is not absolute and must operate within the boundaries of the law.
Legal counsel Mohammad Al-Ansari stated that this judgment protects employees from situations where investigations are used as a tool to restrict career mobility or hold individuals in legal limbo without formal disciplinary progress. According to Al-Ansari,
disciplinary procedures must strictly adhere to the law and cannot be manipulated to infringe upon an employee's legal rights. This decision is significant for the workforce in Kuwait, as it addresses a common practice where employers delay resignation processing, residency transfers, or the disbursement of terminal benefits by claiming an internal investigation is pending.
By ruling against this practice, the court has curbed the misuse of administrative authority. This report is based on information published by the Arab Times and Al-Seyassah on September 17, 2026, authored by Jaber Al-Hamoud.
