Background

An employee filed a complaint against a company before the Labour Department requesting that the department order the company to pay his salaries. The department referred the dispute to court.

The court ruled that the company pay the employee 231260.800 Dinars.

The company appealed and the appeal court held that the procedures of informing the parties of the case were illegal.

The employee appealed by cassation through two appeals.

Decision

The court of cassation raised the issues relating to the general system and stated that Article 135 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulate that if the ruling is dismissed due to the illegality of procedures, the court should refer the case to the elementary court for consideration. The court held that the relevant court had failed to follow the law in this regard.

The court therefore repealed the ruling and referred the case to the relevant court.