KCC 40/1997
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Employment & Labour Law, Rights & Duties of Employees & Employers, Appeals, Termination of Employment, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
4 May 1997
Catchwords
Employment Litigation – Employee’s Rights – Appeal – Quorum – Termination – Employment Contract – Dues
This case involved a claim by an employee for unpaid dues, The company tried to appeal the case at the court of appeal which said they could not appeal due to a lack of quorum. At the court of cassation the employer tried to argue the employee had left his position before the end of his contract. This was invalid because the court of cassation was considering the appealed ruling not the ruling of the elementary court.
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 2627.595 Dinars.
The company appealed the ruling before the court of appeal. The court said that the company had no right to appeal the ruling due to a lack of quorum.
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 said that the employee had willingly left their job one year before the termination of the contract.