Background

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

The court ruled that the company pay the employee 66013.570 Dinars.

The company appealed and the appeal court upheld the ruling.

The company appealed by cassation.

Decision

Before the cassation court, the company argued that the ruling had insufficient evidence of causation as it had maintained before the court that the calculation of severance pay entailed the discounting of the maximum rate of the insurance salary from the comprehensive salary.

The court stated that this argument was valid as Article 54 of Kuwait Law No. 38/1964 stipulated that if the salary exceeds the insurance rate of 1250 Dinars, the employer is not obliged to pay the award stipulated by said Article.

The court therefore repealed the ruling.