Background

An employee made a complaint against a company and requested the Labour Department order the company to pay his dues. The department referred the case to the court.

The court ruled the company should pay the employee 28944.053 Dinars.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had insufficient evidence of causation and stated they had requested the court not to include the benefits in kind that the employee used to receive in their salary in the amount upon which the dues would be calculated but the court had ignored the request.

The court stated this argument was invalid because the severance pay is one of the employee's rights and should be calculated according to Articles 28 and 54 of Kuwait Law No. 38/1964 and the calculation should include all the components of the basic wage including benefits in kind.