KCC 140/2002

This case involved a claim by an employee for their employer to promote them. It was wrongly argued the article the employee relied on only related to the public sector but it was also relevant to employees in the private sector.

Background

An employee made a complaint against a company and requested the Labour Department to order the company to promote him. The department referred the case to the court.

The court ruled that the employee should be promoted.

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

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 established its ruling based on Article 23 of Kuwait Law No. 102/1980 though this article was only concerned with the employee in the governmental bodies and not with companies of the private sector.

The court stated this argument was invalid because the conscript concerned in the mentioned article applied whether the employee was working for the government or in the private sector.

The court dismissed the appeal.