Background

An employee filed a complaint before the Labour Department requesting that the department order a company to pay his salaries. The department referred the dispute to court.

The court ruled that the company pay the employee 5199.361 Dinars.

The company appealed and the appeal court ruled that the company pay the employee 4760 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law and had insufficient evidence of causation as the court had established its ruling based on the argument that the employee deserved child allowance, however the company provided the court with documents which confirmed that the children of employees who received this allowance resided in Kuwait.

The court held that this argument was invalid as the court has the authority to consider all aspects of a case and evaluate the evidence to establish its ruling.

The court therefore dismissed the appeal.