Background

An employee filed a case against two defendants requesting that the court appoint an expert to calculate his dues.

The court ruled that the first defendant pay the claimant 3480 Dinars.

The defendants appealed and the appeal court upheld the ruling.

The defendants appealed by cassation.

Decision

Before the cassation court the defendants argued that the ruling had erred in the application of law as the court had rejected their argument that the employee's right to claim severance pay should have been dismissed under Article 21/3 of Kuwait Law No. 15/1979.

The court held that this argument was invalid as a decision which had been issued, stipulated that employees who were in service on 01/08/1990 should not receive severance pay for the previous or subsequent period unless the contract is terminated, which meant that there existed a legal obstacle preventing the employee from claiming severance pay.

The court therefore dismissed the appeal.