KCC 5/1997/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Military & War, Rights & Duties of Employees & Employers, Pay, Benefits & Tax, Compensation, General Welfare, Housing & Social Security Law
Copyright
LexisNexis
Decision date
30 Mar 1998
Catchwords
War – Employee’s Rights – Salary – Compensation – Social Security
This case involved a claim by an employee for his dues. He wrongly stated that as his employers had paid part of his salary during the Iraqi invasion this had made him ineligible for the government compensation scheme. This was not the case as he could still claim the balance from the government scheme.
Background
An employee made a complaint against an employer and requested the Labour Department to order the employer to pay his dues. The department referred the case to the court.
The court ruled that the employer should pay the employee 2780 Dinars.
The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and that he had maintained before the court that the payment of part of his salary for the period of Iraqi invasion of Kuwait had deprived him of the compensation stipulated by Kuwait Decision No. 19/1992.