Background

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

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

The 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 court had considered the transfer of the claimant to his new position as a new appointment that maintained the seniority of the claimant in violation to Article 22 of Kuwait Law No. 15/1979.

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The court therefore repealed the ruling.