Background

An employee made a complaint against a company and requested the Labour Department to order the company to pay him his dues. The department referred the case to the court.

The court ruled the company should pay the employee 1485.663 Dinars.

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

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the court had rejected its argument that the employee was a Kuwaiti citizen and should fall under the rules in Kuwait Law No. 61/1976 on Social Insurance.

The court stated this argument was valid because Articles 8 and 98 of Kuwait Law No. 61/1976 stipulated the General Institution of Social Insurance was obliged to pay an insured employee's dues.

The court repealed the ruling.