KCC 91/1997

This case involved whether an employee who had retired from work due to a medical condition deserved a pension. It was irrelevant when the condition had happened what was relevant was that they had been dismissed for medical reasons.

Background

A claimant filed a case against a defendant and requested the court to dismiss the decision of the committee of pleas which had rejected his request for the payment of a retirement salary.

The court rejected the case.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had violated the law and stated that he had provided the court with documents that confirm that the medical condition he suffered from had not existed before he had started working with the Ministry of Interior but the court had ignored these documents.

The court stated this argument was valid and under Article 7 of Kuwait Law No. 69/1980 that the employee deserved a retirement salary if they were dismissed from their job for medical reasons regardless of the timing of such reasons.

The court repealed the ruling.