KCC 215/2011
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Termination of Employment, Contract & Conditions of Employment, Civil Courts
Copyright
LexisNexis
Decision date
26 Mar 2012
Catchwords
Unfair Dismissal – Employment Contract – Indefinite Period – Court Fees – Termination of Employment
This case involved a claim by an employee for compensation, holiday pay and pay in lieu of notice because he had been dismissed. Initially the employer's case was dismissed as they had not paid court fees. However, as the contract was an indefinite one the employer had the right to dismiss the employee without paying compensation.
Background
An employee 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 company filed a case against the employee and requested the court to order the employee to pay an amount of money.
The court ruled that the company should pay the employee 2041.083 Dinars for holiday pay and 271.154 Dinars for pay in lieu of notice in addition to 300 Dinars compensation. The court did not consider the case made by the company because it had not paid the fees.
The company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 4222.237 Dinars.
Decision