Background

A claimant filed a case against the defendants and asked the court to dismiss the decision made by the Ministry of Interior which had only included six months in the calculation of an award stipulated by the Kuwait Ministerial Decision No. 495/2008.

The elementary court referred the case to the court of appeal. The court of appeal ruled that this decision should be dismissed.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and the decision of the Council of Ministers had been amended and it stipulated that an employee who deserves the award was an employee who had served for 25 years.

The court stated this argument was invalid because the laws become applicable from the date they come into force. The court stated it had applied the decision of the Council of Ministers before its amendment.