Background

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

The court ruled that the company pay the employee 1011.330 Dinars.

The company appealed and the appeal court abandoned the ruling and rejected the case.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had erred in the application of law as the court had accepted the appeal in form, and the appealed ruling had been issued within the final quorum of the elementary court.

The court held that this argument was invalid as Articles 37 and 140 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulated that the value of the case should be calculated upon the final requests of the parties. The court stated that the requests made by the employee were unvalued and thus the value of the requests exceeded the final quorum of the plenary court.

The court therefore dismissed the appeal.