KCC 324/2009

This case involved a claim by an employee for unpaid dues. The key issue was whether the correct procedure was being followed by the expert as the parties had not been informed by them of the start of their work.

Background

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

The court ruled that the company should pay the employee 3087.777 Dinars.

The company appealed the ruling before the court of appeal. The court stated the company had no right to appeal the ruling.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because it was not informed of the expert's task.

The court stated this argument was valid because Article 10 of Kuwait Decree No. 40/1980 and its amendments by Kuwait Law No. 14/1995 stipulated that an expert should inform the disputed parties of the date on which he was to start his work.

The court repealed the ruling.