Background

A claimant filed a case against a defendant requesting that the court order it to pay him compensation for damage resulting from a work injury.

The defendant added an insurance company to the case.

The court ruled that the first defendant pay the claimant 6479/092 Dinars and the second defendant pay 3999.9 Dinars.

The defendants appealed and the appeal court upheld the ruling.

The first defendant appealed by cassation.

Decision

Before the cassation court the first defendant argued that the ruling had erred in the application of law as the working relationship had been terminated before the claimant filed his case.

The court held that this argument was valid as Article 96 of Kuwait Law No. 38/1964 stipulated that a labour case should not be considered if it is filed one year after the termination of the working contract.

The court therefore repealed the ruling.