KCC 152/2003

This case involved a request by an employee for the payment of leave he had taken when his son was in hospital. There were restrictions of leave involving those in the oil sector and their families were excluded.

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 upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and stated that he had requested the court order the company to pay him the value of leave he had used to accompany his sick son to hospital but the court had rejected his request.

The court stated this argument was invalid because Article 11 of Kuwait Law No. 28/1969 restricted the holidays for workers in the oil sector and excluded their families.

The court dismissed the appeal.