Background

An employee filed a complaint against a company before the Labour Department requesting that the company pay his salaries. The department referred the dispute to court.

The court ruled that the company pay the employee 19091.163 Dinars.

The employee and the company appealed and the appeal court ruled that the company pay the employee 50432.204 Dinars in addition to lawyer's fees of 2000 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as the court had ruled that the company pay lawyer's fees but the employee did not provide any evidence that he had paid these fees.

The court held that this argument was invalid as Article 119 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulates that the estimation of lawyer's fees falls under the authority of the court.

The court therefore dismissed the appeal.