Background

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

The court rejected the case.

The employee appealed and the appeal court ruled that the company pay the employee 141064.690 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had insufficient evidence of causation as the court had ignored the existing work contract which confirmed the employee worked as a pharmacist's assistant.

The court held that this argument was valid as Article 196 of the Kuwait Civil and Commercial Pleadings Law, Kuwait Law No. 38/1980 stipulated that the contract between the parties should be considered as law. The court stated that the lower court had ignored the contract.

The court therefore repealed the ruling.