Background

A claimant filed a case against a defendant requesting that the court validate his right to receive a promotion.

The court ruled that the claimant had the right to receive the allowances applicable to his previous position.

The claimant and defendant appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as the claimant had been promoted from his previous position and thus his salary should have been determined according to the appendix of salaries. The defendant stated that the claimant should receive allowances commencing from the date of his appointment to his new position.

The court held that this argument was valid as Article 24 of Kuwait Law No. 53/2001 stipulated that the calculation of seniority should not concern financial dues.

The court therefore repealed the ruling.