Background

An employee filed a case against a company and requested the court to order the company to pay his dues.

The court ruled that the company should pay the employee 16425.755 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 21425.755 Dinars.

Decision

The employee and the company appealed the ruling before the court of cassation.

In Appeal No. 17/1995: The company stated the ruling had erred in the application of law because it had maintained before the court that the employee did not follow legal procedures in filing the case and it did not matter if he had made a complaint in a previous case.

The court stated this argument was valid because Article 96 of Kuwait Law No. 38/1964 stipulated that an employee should make a complaint before the Labour Department before filing the case before the court.