KCC 1084/2004

This case involved a request by an employee for an expert to be appointed to calculate salary and allowances they were due. It was wrongly argued the case was outside the statute of limitations. However, the court had the authority to decide if the statute of limitations should apply.

Background

A claimant filed a case against the defendants and requested the court to appoint an expert in order to calculate his salary and allowances in accordance with Appendix of the Article 34 of Kuwait Law No. 29/1969.

The court ruled that the claimant had the right to receive the latest basic salary of 1000 Dinars, the social allowance of 488 Dinars and a risk allowance of 900 Dinars starting from 04/04/2000.

The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation because the court had rejected their argument that the claimant's right was dismissed due to the statute of limitation in accordance with Article 21 of the Law of Civil Service.