Background

A claimant filed a case against two defendants and requested the court to order the defendant to suspend a deduction from his salary until the case was settled.

The court ruled the deduction from the claimant's salary should be dismissed.

The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and the court had established its ruling based on the argument that the deduction was made from a financial grant though Article 20 of Kuwait Law No. 15/1979 stipulated that the administrative body can discount the amount that the employee illegally receives.

The court said that this argument is valid because Article 20 of KuwaitLaw No. 15/1979 stipulated that an administrative body can deduct the amount that an employee illegally receives.

The court repealed the ruling.