KCC 7/1997
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Employment & Labour Law, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
8 Dec 1997
Catchwords
End of service payments – Iraq invasion – Time limit for claim
The original dispute was a claim for end of service payments by an employee against his former employers. The court was asked to dismiss the case because the time limit since the end of the employment relationship had elapsed. A key point was that the time limit should have been calculated differently because the employee had been forced to leave the country as a result of the invasion by Iraq.
Background
An employee filed a case (case number 702/1992/employment) requesting a company to pay the payments he was owed including outstanding salary for four months, a share of project profits, compensation for annual leave, and an end of service gratuity for the period starting from the beginning of his employment to 26/10/1989.
The company asked the court to dismiss the case as more than a year had passed since the working relationship between the two parties had existed. The court of first instance dismissed the case.
The employee appealed before the Court of Appeal. On 18/01/1995 the court of appeal repealed the appealed ruling and appointed an expert then ruled that the company should pay the employee 3454.473 Dinars.