KCC 703/2017
This case involved how an employee's severance pay should be calculated.
Background
An employee filed a case against a company before the commission of labour dispute settlement. He requested the company to pay his financial entitlements. The case was then referred to the court.
The court ruled that the company should pay the employee 65557.7 Dinars.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The company appealed the ruling before the court of cassation. The company said in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. The company said that the court had ordered them to pay the amount without deducting the insurance value.
Decision
The court said that this argument was valid. The court said that the rules of the Kuwait Law No. 28/1969 should be applied to the employee’s case. The court said that according to Article No. 18 of Kuwait Law No. 28/1969, severance payt should be calculated based on the comprehensive wage after deduction of the insurance value.
The court repealed the appealed ruling.