KCC 242/2005, 249/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence
Copyright
LexisNexis
Decision date
22 Feb 2010
Catchwords
Evidence – Investigation – Employee’s Rights – Holiday Pay – Severance Pay - Court
This case involved a claim by an employee for holiday pay and severance pay. Although the company claimed the employee did not deserve severance pay as the employee had left and joined another company, the conditions in this case did not match those in which severance pay would not be payable. The employee tried to argue the court had been wrong to ignore a request the case be subject to an investigation on his holiday pay when the court had sufficient evidence in the case documents to make their ruling.
Background
An employee made a complaint against a company and requested the Labour Department to order the company to pay his dues. The department referred the case to the court.
The company filed a case against an employee and requested the court to include the value of holidays in the settlement between the two parties.
The court rejected the case made by the company and ruled the company should pay the employee 2177.523 Dinars.
The employee and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 2316.008 Dinars.
Decision