KCC 48/2011
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, Pay, Benefits & Tax, Litigation Procedure & Practice, Civil Courts, Limitation of Actions
Copyright
LexisNexis
Decision date
7 Dec 2011
Catchwords
Employee’s Rights and Duties – Salary – Litigation Procedure – Court – Statute of Limitations
This case involved a claim for unpaid salary by an employee. The Labour Department had been wrong to refuse to refer the case to the court because of the statute of limitations when the employee had filed the claim within the deadline and the department had not acted on it.
Background
An employee filed a case against a company and requested the court to order the company to pay his salary. The employee stated the Labour Department had refused to refer 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 erred in the application of law and stated the court had rejected his case based on the argument that he had not followed the legal procedures for filing it although he had made a complaint before the Labour Department but the department had not considered it for more than a year.