KCC 46/2000
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, Rights & Duties of Employees & Employers, Pay, Benefits & Tax, Civil Evidence
Copyright
LexisNexis
Decision date
1 Oct 2001
Catchwords
Appeal – Quorum – Rights of Employee – Dues – Evidence – Settlement
This case involved a claim by an employee for their dues. A key issue was whether an appeal was allowed as there had been a lack of quorum. The employer had also argued the employee had settled and had received their dues but the court had ignored this.
Background
An employee made a complaint against a company and requested the Labour Department to order the company to pay their dues. The department referred the case to the court.
The court ruled that the company should pay the employee 2877.903 Dinars.
The employee and the company appealed the ruling before the court of appeal. The court stated that the two parties had no right to appeal the ruling due to a lack of quorum.
Decision
The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had violated the law because it had maintained before the court that it had reached a final settlement with the employee and they had received all their dues but the court ignored this defence.