KCC 193/2001

This case involved a claim by an employee for dues including severance pay and pay in lieu of notice. The court had the authority to determine from the evidence the employee had been unfairly dismissed and was owed these payments.

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.

Other defendants intervened in the case and requested the court to reject the case made by the employee.

The court ruled the company should pay the employee 30714.037 Dinars.

The defendants appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the second defendant should pay the employee 22623.491 Dinars.

Decision

The first and second defendant appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation and had violated the right of defence. They had maintained before the court that the employee did not deserve severance pay and pay in lieu of notice because he had violated Article 55 of Kuwait Law No. 38/1964.