Background

An employee filed a case against a company requesting that the court order the company to pay her salaries.

The court ruled that the company pay the employee 905.608 Dinars plus 50 Dinars in lawyer fees.

The employee appealed and the appeal court upheld the ruling.

The employee appealed by cassation.

Decision

Before the cassation court, the claimant argued that the ruling had erred in the application of law as the court had rejected her appeal in relation to lawyer fees based on the argument that the employee should make a plea, but such expenses fall under the authority of the court.

The court stated that this argument was valid as Article 119 of the Kuwait Pleadings Law stipulates that lawyer fees are part of the costs of a case and therefore, appealing in this regard should be accepted.

The court therefore repealed the ruling.