Background

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

The court ruled that the company pay the employee 7933.489 Dinars.

The company and employee appealed and the appeal court ruled that the company pay the employee 6290540 Dinars.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had erred in the application of law as the court had discounted severance pay from his dues based on the employee being unable to combine salary and severance pay amounts.

The court held that this argument was valid as the employee deserved severance pay under Article 38 of the Kuwait Labour Law, Kuwait Law No. 38/1964.

The court therefore repealed the ruling.