Background

An employee filed a case against an employer requesting that the court order the employer to pay his salaries.

The court rejected the case.

The employee appealed and the appeal court ruled that the employer pay the employee 3000 Dinars.

The employer appealed by cassation.

Decision

Before the cassation court the employer argued that the ruling had erred in the application of law as the court had ruled that he pay the employee compensation for unjustified dismissal, but Article 53 of the Kuwait Labour Law, Kuwait Law No. 38/1964 stipulated that the employer has the right to terminate the contract which has an indefinite period.

The court held that this argument was valid and repealed the ruling.