KCC 137/2002, 139/2002
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, Civil Evidence, Termination of Employment, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
26 Jan 2004
Catchwords
Employee’s Rights – Evidence – Severance Pay – Calculation – Equality with colleagues
This case involved a claim by a bank employee that he should receive severance pay which match his colleagues. This was incorrect as the employee had not provided sufficient evidence to match its claim. The bank was also wrong in arguing the severance pay should be calculated from a different date as its evidence did not support this was the correct date.
Background
An employee made a case against a bank and requested the Labour Department to order the bank to pay his dues. The department referred the case to the court.
The court ruled that the bank should pay the employee 10601.450 Dinars.
The employee and the bank appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The employee and the bank appealed the ruling before the court of cassation.
In Appeal No. 137/2002: The employee stated the ruling had violated the right of defence because the court had ignored his defence the severance pay should be calculated in the same way it was calculated for his colleagues and provided the court with the documents which supported his claims.