Background

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

The court rejected the case.

The employee appealed and the appeal court upheld the ruling.

The employee appealed by cassation.

Decision

Before the cassation court, the employee argued that the ruling had contradicted material documentary evidence as he had requested that the company's manager swear before a judge, but the court ignored this request.

The court stated that this argument was valid as Article 61 of Kuwait Law No. 39/1998 stipulated that the disputed parties have the right to request that the court order the other party to swear before a judge and the court is obliged to meet this request if the conditions of oath exist.

The court therefore repealed the ruling.