Background

An employee made a complaint against a company before the Labour Department and requested the department to order the company to pay him compensation for a workplace accident which had resulted in their partial disability. The department referred the case to the court.

The court ruled that the company should pay the employee 3679.230 Dinars.

The employee appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the company should pay the employee 4666.667 Dinars.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and stated the accident took place after the rules of the Kuwait Ministerial Decision No. 66/1983 and so those rules should be applied over the case.

The court stated this argument was valid because the case documents revealed that the accident had resulted in a partial disability and the compensation should be calculated in accordance with the rules of Kuwait Ministerial Decision No. 66/1983.

The court repealed the ruling.