Background

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

The court ruled that the company pay the employee 3995.39 Dinars.

The company appealed and the appeal court rejected the appeal.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as it had maintained before the court that the court should not consider the case as the employee had failed to file his complaint before the Labour Department within the legal deadline.

The court stated that this argument was invalid as Article 138 of the Kuwait Civil Pleadings Law, Kuwait Law No. 38/1980 stipulates that a party has the right to appeal an absolute ruling issued by the elementary courts in certain cases. The court held that the issue in the company's appeal was not included in these cases.

The court therefore dismissed the appeal.