KCC 870/2004

This case involved a claim by a former employee for his final salary and allowances. It was wrongly argued the court had wrongly treated this as a settlement case when it was a cancellation case. The court had authority to decide the nature of the case from the evidence.

Background

A claimant filed a case against some defendants and requested the court to validate his right to receive the final salary he used to receive in his previous job and his right to receive all the relevant 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 University of Kuwait should pay the claimant a monthly salary of 3658 Dinars.

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 case made by the claimant was a cancellation case and not a settlement case and so it should fall under the rules of cancellation cases which entailed introducing a plea before filing the case.