KCC 315/2005

This case involved a claim by an employee for compensation for a workplace injury. The court contradicted the amount the experts had stated was owed for the disability. This was wrong as it contradicted the law.

Background

An employee made a complaint against a company and requested the Labour Department to order the company to pay him compensation for a workplace injury which had resulted in disability. The department referred the case to the court.

The court ruled that the company should pay the compensation.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had ruled that the employee should receive the amount as compensation although the committee of experts had concluded that the employee deserved 5333.3 Dinars.

The court stated this argument was valid because the court violated the standard which was stipulated by Kuwait Ministerial Decision No. 66/1983 on determining the disability rate which results from workplace accidents.

The court repealed the ruling.