KCC 138/2007
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, General Employment & Labour Law, Rights & Duties of Employees & Employers, General Administrative Law & Judicial Review, Civil Evidence
Copyright
LexisNexis
Decision date
20 Jan 2009
Catchwords
Appeal – Employee’s Rights – New Position – Old Allowances - Administrative Law – Evidence
This case involved a claim by an employee to receive old allowances they had received in a former job in a new position. The defendant wrongly argued the court had ignored a report they had provided when responding to the appeal. This was incorrect as the appeal had responded in a way which matched the law.
Background
A claimant filed a case against a defendant and requested the court to order the defendant to dismiss Kuwait Administrative Decision No. 220/2005.
The court ruled the claimant should receive old allowances in her new position and requested other requests.
The claimant and the defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.
Decision
The defendant appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and had violated the right of defence because the court did not consider the report it provided when responding to the claimant's appeal.