KCC 45/2010
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Agency, Pay, Benefits & Tax, Termination of Employment, Legal, Civil Evidence, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
31 Jan 2011
Catchwords
Agent – Severance Pay – Termination of Employment – Legal Representative – Evidence – Resignation – Rights and Duties of Employers and Employees - Salary
This case involved a claim for severance pay and salary. One of the employees who had endorsed that the employee received a particular salary was not a legal representative of the company which had an impact on the decision.
Background
An employee made a requested to the Labour Department and requested the department to order the company to pay his salary. The department referred the case to the court.
The court ruled he company should pay the employee 261822.666 Dinars.
The company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 260075.498 Dinars.
Decision
The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling has erred in the application of law because the court had ruled that the employee deserved severance pay although he had willingly left his job and so he only deserved half the pay.