Background

An employee filed a case against a bank requesting that the court order it to pay his salaries.

The court refused to consider the case.

The employee appealed and the appeal court ruled that the bank pay the employee 1935.481 Dinars.

The bank appealed by cassation.

Decision

Before the cassation court the bank argued that the ruling had erred in the application of law as it had dismissed the employee without notice due to violations and therefore the employee was rightly deprived of the payment of severance pay.

The court held that this argument was valid as Article 55 of the Kuwait Labour Law, Kuwait Law No. 38/1964 stipulated that the employer has the right to dismiss the employee without paying severance pay in the event the employee has violated the obligations of the contract or the relevant laws.

The court therefore repealed the ruling.