Background

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

The court ruled that the bank pay the employee 63032.682 Dinars.

The employee and bank appealed and the appeal court ruled that the bank pay the employee 64.177.399 Dinars.

The employee and bank appealed by cassation.

Decision

Appeal No. 42/2004

The bank argued that the ruling had erred in the application of law as the court had calculated severance pay based on his salary including the average value of flight tickets, however, the ticket value should not have been included in the salary amounts.

The court held that this argument was invalid as Article 28 of the Kuwait Labour Law, Kuwait Law No. 38/1964 stipulated that the concrete privilege which can be included in the concept of wage is the privilege which the employee uses to pay.

The court therefore dismissed the appeal.

Appeal No. 57/2004