KCC 123/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Bankruptcy, Rights & Duties of Employees & Employers, Pay, Benefits & Tax, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
21 Jun 2004
Catchwords
Bankruptcy – Insolvency Practitioner – Employee’s Rights – Unpaid Dues – Litigation Procedure
This case involved a claim made by an employee for unpaid dues. The employee had wrongly filed the case against the company when he should have filed against the insolvency practitioner as the company had become bankrupt.
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 rejected the case.
The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the company should pay the employee 11056 Dinars.
Decision
The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had violated the law because the court had accepted the case made by the employee although he had filed the case after the company had announced its bankruptcy.