KCC 14/1997
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Contract & Conditions of Employment, Litigation Procedure & Practice, Limitation of Actions, General Succession Law & Estate Planning, General Personal Injury, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
8 Dec 1997
Catchwords
Contract – Litigation Procedure – Statute of Limitation – Inheritance – Employee – Personal Injury – Death – Employer’s Liability
This case involved a claim by the heirs of a man who had been killed at work for compensation from the employer. The heirs argued they had not been aware of the litigation deadline. This was one year from the termination of the contract.
Background
The heirs of an employee made a complaint against a company and requested the Labour Department to order the company to pay compensation for the death of their father at work.
The court ruled that the company should pay the heirs 15000 Dinars.
The company appealed the ruling before the court of appeal. The court abandoned the appealed ruling and refused to consider the case.
Decision
The heirs appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and that they did not know that they should make a complaint to the Labour Department and that the deadline for complaint started from the date the Public Prosecution took action on the case.