KCC 1085/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Judiciary, Litigation Procedure & Practice, Pay, Benefits & Tax, Civil Evidence, Rights & Duties of Employees & Employers, Further & Higher Education
Copyright
LexisNexis
Decision date
22 Nov 2005
Catchwords
Judges – Litigation Procedure – Judgment – Salary – Evidence – Expert – Employee’s Rights – Higher Education
This case involved a request by an employee for an expert to be appointed to calculate their salary and allowances so they could be paid accordingly. The key issue in this case was that the ruling was illegal because the draft had been signed by different judges than the ones who heard the case.
Background
A claimant filed a case against defendants and requested the court to appoint an expert in order to calculate their salary and allowances in accordance with the Appendix of Kuwait Law No. 29/1966 and order the defendant to pay her accordingly.
The court ruled that the university should pay the claimant the financial difference.
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.
The Public Prosecution stated the ruling was illegal because the board of judges which heard the pleading was different from the one which had signed the draft of the ruling.