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 court ruled that the company should pay the employee 24712.24 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 18150.48 Dinars.

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 and had insufficient evidence of causation. It stated it had dismissed the employee from his job because he had hit and insulted one of his colleagues and provided the court with the investigation record it had carried out with the employee.

The court stated this argument was valid because Article 41 of Kuwait Law No. 6/2010 stipulated an employer has the right to dismiss an employee from his job if the employee has hit one of his colleagues or the employer.