Background

An employee filed a case against a company requesting that the court order the company to pay his salaries.

The court ruled that the company pay the employee 390.058 Dinars.

The employee appealed and the appeal court ruled that the company pay the employee 5568.271 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as it had conducted an investigation which revealed that the employee had used a car belonging to the company to steal money from a third party, however the court had ruled that the employee receive severance pay based on a criminal ruling not having been issued against him despite the company's statute permitting his dismissal.

The court held that this argument was valid as the company had maintained before the court that it used its right to dismiss the employee under Article 55 of the Kuwait Labour Law, Kuwait Law No. 38/1964 as he had failed to commit to his obligations under contract.

The court therefore repealed the ruling.