Background

An employee filed a case against a company requesting that the court order the company to pay his salaries.

The court ruled that the company pay the employee 6486.240 Dinars.

The employee and company appealed and the appeal court ruled that the company pay the employee 61949.642 Dinars.

The employee and company appealed by cassation.

Decision

Appeal No. 348/2012

Before the cassation court the company argued that the ruling had erred in the application of law and contradicted material documentary evidence as the court ruled that the company pay the employee severance in violation of the Kuwait Labour Law, Kuwait Law No. 38/1964.

The court stated that this argument was valid as the court had ruled that the employee receive severance pay at the rate stipulated under Article 18 of Kuwait Law No. 28/1969, which exceeded the maximum rate of insurance per month in violation of Kuwait Law No. 38/1964.

The court therefore repealed the ruling.

Appeal No. 352/2012