KCC 125/2002
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Termination of Employment, Pay, Benefits & Tax, Contract & Conditions of Employment, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
7 Apr 2003
Catchwords
Severance Pay – Employment Contract – Termination of Employment – Employer’s Rights
This case involved whether severance pay was due to an employee. It was wrongly argued this was not the case as the employee had voluntarily left the company they did not deserve severance pay. This was not the case as they had left at the end of their employment contract.
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 the company should pay the employee the value of a flight ticket of 106 Dinars.
The employee appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 5511.537 Dinars.
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 had ruled that the company should pay severance pay to the employee although he had willingly left his job.