Background

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

The court ruled that the association pay the employee 2353.845 Dinars.

The employee and association appealed and the appeal court ruled that the association pay the employee 1080.267 Dinars.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had erred in the application of law and had insufficient evidence of causation as the association had failed to prove that it did not cause damage by terminating his contract. The employee stated that the court should have applied the penal condition of the contract.

The court held that this argument was valid as Article 53 of Kuwait Law No. 48/1964 stipulated that the agreement between the parties regards compensation if the employer terminates the contract before its agreed period, has legal power that should be considered by the court.

The court therefore repealed the ruling.