KCC 1287/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence, Pay, Benefits & Tax, Contract & Conditions of Employment, Rights & Duties of Employees & Employers, Limitation of Actions, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
27 Dec 2005
Catchwords
Expert – Evidence – Severance Pay – Holiday Pay – Contract of Employment – Employee’s Rights – Litigation Procedure – Statute of Limitations
This case involved a request by an employee for an expert to be appointed to calculate salary due, severance and holiday pay. It was wrongly argued the case was covered by the statute of limitations. This was no so as the employee had signed a new contract which stated he was not due severance pay for the earlier period and had filed the case before the end of the contract.
Background
A claimant filed a case against a defendant and requested the court to appoint an expert in order to calculate the value of his salary and allowances and holiday pay for the period from 02/08/1990 to 26/02/1991 and order the defendant to pay the resulting amount.
The court ruled the defendant should pay the claimant 3718.021 Dinars.
The defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.
Decision