Background

A claimant filed a case against a defendant requesting that the court appoint an expert to calculate the value of severance pay and order the defendant to pay him this value.

The court rejected the case.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred the application of law as the period of his service had not been intercepted by the Iraqi occupation of Kuwait, therefore, the value of severance pay should have been calculated according to this.

The court held that this argument was invalid as a Council of Ministers decision stipulated that the working contract signed by the Kuwaiti government with non-Kuwaiti citizens should be considered terminated as it was impossible to implement. Furthermore, that appointments after the Iraqi invasion should result in a new contract.

The court therefore dismissed the appeal.