Kuwait Court of Cassation principle number 974

The employee's right to claim the financial entitlements established for him. It is time-barred upon the lapse of five years from the date of entitlement or one year from the date of his knowledge thereof, whichever period expires sooner. The knowledge from which the one-year limitation period begins to run means: the employee's actual, not conjectural or presumed, knowledge of his financial entitlement, its extent, and its essential elements, so that he may claim it administratively and judicially. The expiry of the period without claiming the right, with no impediment existing despite his knowledge thereof. The provisions of the one-year limitation period apply. Absence of knowledge of the right. The period for this type of limitation does not begin. The court's inference of the employee's knowledge of his aforementioned right and its ascertainment of the event from which limitation begins. Matters relating to fact. Their assessment is for the court of merits, provided it is reasonable. The challenged judgment's departure from the foregoing view. This vitiates it and requires its cassation.