Background

An employee filed a case against an employer requesting that the court order it to pay his salaries.

The court ruled that the employer pay the employee 6055.449 Dinars.

The employer appealed and the appeal court upheld the ruling.

The employer appealed by cassation.

Decision

Before the cassation court the employer argued that the ruling had erred in the application of law as Article 53 of Kuwait Law No. 38/1964 stipulated that the employee can receive notice period salary only if the working contract has an indefinite period.

The court stated that this argument was valid as the case documents revealed that the working contract had a definite period of two years and thus the employer was not obliged to pay notice period salary in the case of the contract dismissal.

The court therefore repealed the ruling.