KCC 854/2003

This case involved a claim by an employee for a monthly bonus. The Ministerial Decision which covered this award did not include the employee's employer so he was not eligible for it even though some of his colleagues had received it in error.

Background

A claimant filed a case against a defendant and requested the court to validate their right to receiving a monthly award of 100 Dinars in accordance with Kuwait Ministerial Decision No. 197/1986.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the claimant should receive the monthly award of 100 Dinars.

Decision

The defendant appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the court had ruled that the claimant should receive the award although the claimant was not working in the department identified by Kuwait Ministerial Decision No. 197/1986. The defendant stated it was unacceptable to equate the claimant with his colleagues as the decision had been issued in their interest as a mistake.