KCC 44/1999
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Compensation, Termination of Employment, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
22 May 2000
Catchwords
Compensation for Unjustified Dismissal – Value of Guarantee – Kuwait Pleadings Law
A case involved a dispute between an employee and employer over the payment of compensation for unjustified dismissal.
Background
An employee filed a case against an employer requesting that the court order it to pay compensation for unjustified dismissal.
The court ruled that the employer pay the employee 3504.932 Dinars.
The employee appealed and the appeal court upheld the ruling.
The employee appealed by cassation.
Decision
The Public Prosecution argued that the appeal should be dismissed as the employee did not pay the value of guarantee.
The court stated that this argument was valid as Article 53 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulated that the party introducing an appeal should pay an amount of money as a guarantee.
The court therefore dismissed the appeal.