KCC 115/2001
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, Pay, Benefits & Tax, General Company Law & Business Entities
Copyright
LexisNexis
Decision date
6 May 2002
Catchwords
Rights of Employees – Profit Share – Salary – Loss making company
This case involved a claim for unpaid dues by an employee. A key point in this case was that the employee's salary included a profit share element. This was part of his salary and when the company did not make a profit it was not due.
Background
An employee made a complaint against a company and requested the Labour Department to order the company to pay his dues. The department referred the case to the court.
The court ruled the company should pay the employee 22038.534 Dinars.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the expert report revealed that the company did not make profits for 1996 and that the employee had received amounts of money for this year which meant that the court should have made a settlement.