KCC 28/1997

This case involved a claim by an employee for unpaid dues. It had been wrongly argued the statute of limitations should not apply as the employee was abroad. They should have sent their application by post or delegated someone in Kuwait to file it.

Background

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

The court ruled that the company should pay the employee 8268.620 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court rejected the appeal made by the company and changed the appealed ruling and ruled the company should pay the employee 21892 Dinars.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and stated that the court had rejected its argument that the case should not be considered due to the statute of limitation because of the argument that the employee was abroad although the employee should bear the responsibility for the delay in filing the case.