Background

An employee filed a case against a company requesting that the court order the company to pay her salaries plus compensation for an injury sustained at work.

The court ruled that the company pay the employee 3533.333 Dinars.

The company appealed and the appeal court ruled that the company had no right to appeal the ruling.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as the court had refused the appeal based on the ruling having been issued within the limits of final quorum, however, Article 138 of the Kuwait Pleadings Law stipulates that the appeal should be accepted if it is filed against the legality of the ruling or its procedures. The company stated that the court had ignored its defence that the employee had already received her dues.