KCC 152/2002
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, Litigation Procedure & Practice, Rights & Duties of Employees & Employers, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
10 Nov 2003
Catchwords
Appeal – Litigation Proceedings – Employee’s Rights – Dues – Commission Difference
This case involved a request by an employee for commission differences. The employee had not put a value on the claim so it was stated it was not possible for the company to appeal. The latest requests of the parties are used in such cases and the employee had now requested an amount which put this case in the appeal threshold.
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 2121.49 Dinars.
The company appealed the ruling before the court of appeal. The court stated the company had no right to appeal the ruling due to a lack of quorum.
Decision
The company appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling has erred in the application of law and that the employee had requested all his dues including the commission differences but did not value his requests and so the company had the right to appeal the ruling.