KCC 305/2010

This case involved a claim by an employee for his dues and a counter claim by the employer for an unpaid loan. The key issue in this case was whether the correct law had been applied when considering it.

Background

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

The company filed a case against the employee and requested the court order the employee to pay the remaining value of the loan he had received.

The court ruled that the company should pay the employee 6275.617 Dinars and the employee should pay the company 950 Dinars.

The employee and the company appealed the ruling before the court of appeal. The court upheld the appealed 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 the court had applied Kuwait Law No. 6 /2010 over the case though Kuwait Law No. 38/1964 should have be applied over it.

The court said that this argument was valid.