KCC 1237/2004

This case involved a claim by an employee for unpaid salary. The key issue was whether this was a cancellation case which would be impacted by certain deadlines or a settlement case.

Background

A claimant filed a case against the defendants and requested the court to order the defendants to pay his salary in accordance with Kuwait Law No. 29/1969 and its appendix.

The court ruled the claimant should receive a salary of 3063 Dinars starting from 24/01/2001.

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 erred in the application of law and stated that the case filed by the claimant was a cancellation case and that the claimant had not made a plea before filing the case according to the relevant laws.

The court stated this argument was invalid because the court had the authority to consider all aspects of the case and understand its actual content. The court stated the case was a settlement case that which should not be restricted by certain deadlines.