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 5779.168 Dinars and that the employee pay the company 600 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 the ruling had erred in the application of law as the court established its ruling on the employment contract, however, this contract was illegal as the parties violated the ban stipulated in Article 3 of the Kuwait Labour Law, Kuwait Law No. 38/1964.

The court held that this argument was invalid as there is no coincidence between the existence of the working relationship and the obligation to issue a working permit under the same article.

The court therefore dismissed the appeal.