KCC 70/2000
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Pay, Benefits & Tax, General Employment & Labour Law, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
23 Apr 2001
Catchwords
Payment of Salaries – Labour Department – Dismissal of Claim – Kuwait Pleadings Law
A case involved a dispute between an employee and a company over the payment of his father's salaries.
Background
An employee filed a case against defendants requesting that the court order them to pay his father's salaries.
The court rejected the case.
The employee appealed and the appeal court upheld the ruling.
The employee appealed by cassation.
Decision
Before the cassation court the employee argued that the ruling had erred in the application of law as he had previously brought a claim before the Labour Department but this had been dismissed.
The court held that this argument was invalid as the effects of the previous case should have been dismissed as the employee failed to renew the claim within the legal deadline stipulated by Article 59 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980.
The court therefore dismissed the appeal.