KCC 267/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Litigation Procedure & Practice, Judiciary, General Employment & Labour Law, Termination of Employment, Compensation
Copyright
LexisNexis
Decision date
28 Feb 2008
Catchwords
Litigation Procedure – Judge – Employee – Termination of Employment – Compensation - Judgment
This case involved whether an employee was owed compensation for termination of employment. The ruling was seen as illegal as the judge who heard the pleading did not attend the session where the ruling was issued or sign the draft.
Background
An employee made a complaint against a company and requested the Labour Department to order the company to pay her dues. The department referred the case to the court.
The court ruled that the dismissal decision should be dismiss and the company should pay the employee 5000 Dinars as compensation.
The company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the company should pay the employee 684.140 Dinars.
Decision
The employee appealed the ruling before the court of cassation.
The Public Prosecution stated the ruling was illegal because the judge who heard the pleading had not attended the session when the ruling was issued and did not sign the draft of the ruling.