Background

A claimant filed a case against the Ministry of Interior requesting that the court dismiss a decision and order the ministry to pay him compensation.

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

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

The ministry appealed by cassation.

Decision

Before the cassation court the ministry argued that the ruling had erred in the application of law as the claimant had been transferred to a more senior position and thus he deserved the relevant allowances commencing from his transfer date.

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The court therefore repealed the ruling.