KCC 3/2002
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
11 Nov 2002
Catchwords
Employee’s Rights – Dues – Salary – Benefits – Transfer Allowance
This case involved the calculation of an employee's dues. The last wage should have been used to calculate this along with allowances the employee received except for the transfer allowance.
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 that the company should pay the employee 8425.267 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 court included the transfer allowance in the comprehensive wage although this allowance should not be considered as part of the wage.