Background

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

The court ruled that the company pay the employee 4204.129 Dinars.

The company appealed and the appeal court stated 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 it had maintained before court that the procedures of informing it of the case were illegal and as a result, it did not attend the court's session.

The court held that this argument was valid as the case documents revealed that the company was informed of the case on a public holiday. The court stated that the company had the right to appeal the ruling under Article 138 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980.

The court therefore repealed the ruling.