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 due to the statute of limitations.

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 erred in the application of law as he had filed his complaint before the Labour Department within the legal deadline.

The court held that this argument was valid as Article 446 of the Kuwait Civil Law, Kuwait Law No. 38/1980 stipulated that the period of the statute of limitations should not commence if there is an obstacle which prevents the creditor from claiming the value of the debt.

The court therefore repealed the ruling.