KCC 145/2001 issued on 04/02/2002

This case involved whether the Iraqi invasion automatically had dismissed an employee's employment contract so they were not entitled to their dues on termination.

Background

An employee made a complaint to the department of labour against an owner of a school. He said that he was working in the school as a driver and that the school failed to pay his entitlements. The department referred the case to the court.

The court ruled that the case should not be considered due to the statute of limitation.

The employee appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the owner should pay the employee 179 Dinars.

The owner appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law. He said that the court calculated the entitlements of the employee starting from 01/01/1980 until 02/08/1990 though the employment contract was dismissed by the force of law due to the Iraqi invasion of Kuwait.

Decision