Background

An employee filed a case against a company requesting that the court order it to pay compensation for a work injury.

The court ruled that the company pay the employee 13333.3 Dinars.

The company appealed and the appeal court upheld the ruling.

The company appealed by cassation.

Decision

Before the cassation court the company argued that that that the ruling had erred in the application of law as it had argued before the court that the working contract was illegal as it violated the Kuwait Labour Law, Kuwait Law No. 30/1995 as the employee was not a Kuwaiti citizen and did not receive a working permit from the Ministry of Labour and Social Affairs.

The court held that this argument was invalid as the validity of the working contract should not be affected if the employee does not receive a working permit as the issue of a working permit falls under the responsibility of the employer.

The court therefore dismissed the appeal.