Background

An employee filed a case against his employer requesting that the court order the employer to pay his salaries.

The court ruled that the employer pay the employee 1558.926 Dinars.

The employee and employer appealed and the appeal court ruled that the employer pay the employee 3054.666 Dinars.

The employer appealed by cassation.

Decision

Before the cassation court the employer argued that the ruling had violated the law and had insufficient evidence of causation as it had maintained before the court that it dismissed the employee for selling goods belonging to the employer to a third party and thus the dismissal was justified, but the court ignored this defence.

The court held that this argument was valid as Article 55 of the Kuwait Labour Law, Kuwait Law No. 38/1964 stipulated that the employer had the right to dismiss the employee without notice if the employee failed to commit to his obligations under contract.

The court therefore repealed the ruling.