KCC 65/2011, 69/2011
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Pay, Benefits & Tax, Termination of Employment, Civil Evidence, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
23 Jan 2012
Catchwords
Employee’s Rights – Salary – Unfair Dismissal – Expert – Evidence – Termination of Employment - Absence
This case involved a claim by an employee for unpaid salary. The court had been wrong to base its decision on the dismissal being unfair when the expert had proven it was because of the employee's absence without justification.
Background
An employee made a complaint against an association before the Labour Department and requested the department to order the association to pay his salary. The department referred the case to the court.
The association filed a case against the employee and requested the court to order him to pay the remaining value of a loan he had received.
The court rejected the case made by the employee and ruled the employee should pay the association 781.077 Dinars.
The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the association should pay the employee 1201.447 Dinars.
Decision
The employee and the association appealed the ruling before the court of cassation.