KCC 264/2009/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence, General Employment & Labour Law, Rights & Duties of Employees & Employers, Termination of Employment, Contract & Conditions of Employment
Copyright
LexisNexis
Decision date
3 May 2010
Catchwords
Evidence – Investigation – Employee’s Rights – Fine – Resignation – Termination of Employment – Unfair Dismissal – Employment Contract
This case involved a claim by a company that an employee should pay a fine for having resigned before the end of their contract. A counter claim was made by the employee. The court was wrong to refuse the employee's request to order an investigation to prove their claims they had been unfairly dismissed.
Background
A company filed a case against an employee and requested the court to order an employee to pay the value of the penal fine on 10000 Dinars. The company stated the employee had failed to commit to their obligations according to a contract and had resigned before the termination of the contract.
The employee filed a case against the company and requested the court to order the company to pay their dues and the value of penal condition.
The court rejected the case made by the employee and ruled that the employee should pay the company 10000 Dinars.
The employee appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the employee should pay the company 6000 Dinars.
Decision