Background

A claimant filed a case against two defendants requesting that the court appoint an expert to calculate the dues the defendants owed him.

The court appointed an expert and ruled that the first defendant pay the claimant 3380.601 Dinars.

The claimant and defendants appealed and the appeal court upheld the ruling.

The defendants appealed by cassation.

Decision

Before the cassation court the defendants argued that the ruling had erred in the application of law as the first service period of the claimant before the Iraqi occupation of Kuwait should have been considered independent from the second service period. The defendants stated that the court had erred and calculated severance based on the latest salary the claimant had received.

The court held that this argument was valid as Decision No. 148/1991 of the Ministers Council stipulated that the working contract should be considered terminated due to the Iraq occupation and the appointment of the employee after the Iraqi occupation should be considered a new one and the dues of the employee should be calculated accordingly.