Background

An employee made a complaint against a company and requested the Labour Department order a company to pay their dues. The department referred the case to the court.

The court rejected the case.

The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and had violated the right of defence because he had maintained before the court that reason for termination of the working relationship was that the company had moved its activities from Kuwait to Sudan and he had provided the court with documents to prove this claims.

The court stated this argument was valid because Article 59 of the Labour Law in the Civil Sector stipulated that an employment contract should be considered as being terminated if the entity is dissolved, closed, bankrupted or owned by third party. The court stated the court had ignored the defence made by the employee although it was substantial one.