KCC 286/2008/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Pay, Benefits & Tax, Rights & Duties of Employees & Employers, Civil Evidence, Liquidation
Copyright
LexisNexis
Decision date
18 Apr 2011
Catchwords
Employee’s Rights – Dues – Overtime – Evidence – Written Document – Witness – Liquidator - Oath
This case involved a claim by an employee against a company liquidator for his dues. A key issue was whether overtime was owed. It was not as there was no written document showing what the employee had been requested by the company to work overtime and although a witness had confirmed the employee's working hours they had not confirmed their overtime.
Background
An employee had 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 employee then amended and filed his case against the company's judicial liquidator and requested the court to order the manager of the company to swear an oath before the judge.
The court rejected the case.
The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the company should pay the employee 3558.620 Dinars.
Decision