KCC 114/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, Pay, Benefits & Tax, General Administrative Law & Judicial Review
Copyright
LexisNexis
Decision date
10 Oct 2006
Catchwords
Employee’s Rights – Allowances – Administrative Decision
This case involved a request by an employee for the dismissal of an administrative decision which had deprived them of their allowances. The court had been wrong in ruling the employee should benefit when the company he worked for was not included in the list of companies in the decision.
A claimant filed a case against the defendants and requested the court order the defendants to dismiss an administrative decision which had deprived them of their allowances.
The court rejected the case.
The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the defendants should pay the claimant the allowances.
Decision
The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the Kuwait Decision No. 391/2001 of the council of ministers had identified the companies which should benefit from the allowances and the company where the claimant worked was not among them.