KCC 150/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence, Contract & Conditions of Employment, Terms, Pay, Benefits & Tax, General Company Law & Business Entities
Copyright
LexisNexis
Decision date
6 Mar 2006
Catchwords
Evidence – Employee’s Dues – Profit Share – Company Profit – Employment Contract - Terms
This case involved a claim by an employee for their dues. The court had been wrong to ignore evidence that the terms of the employment contract stated a profit share was not due if the company did not make a profit.
Background
An employee made a complaint against a company and requested the Labour Department to order the company to pay his dues. The department referred the case to the court.
The court ruled the company should pay the employee 11305.102 Dinars.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had insufficient evidence of causation because the employment contract stipulated that the employee should not receive a share in the profits if the company had not made a profit in the agreed period.