Kuwait Court of Cassation principle number 1614

The entitlement of the worker or his heirs to lump-sum compensation under the Labour Law. Does not preclude claiming against the - 319 - Obligation employer liable for the damage remaining uncompensated. The condition therefor. That the damage arise from the employer’s personal fault. That fault must be proven. The appealed judgment’s conclusion rejecting the appellants’ claim for compensation for the material and moral damage they suffered as a result of the death of their predecessor, on the basis of their failure to prove the employer’s fault—although they bear the burden of proving it—by the appellants. Correct.