Kuwait Court of Cassation principle number 2523

Agreement between the parties to an employment contract on the compensation payable if the employer cancels it before expiry of its term. Its effect. Giving effect to its provision as a rebuttable legal presumption of the occurrence of damage and the proportionality of compensation to it. Its implication. The creditor is not required to prove the damage and its extent, and the court does not intervene in the application of this clause. Exception. The debtor's proof of the absence of damage, in which case no compensation is payable, or his proof that the amount is excessive. The court of merits may assess whether or not it is excessive. Its condition. - The challenged judgment's reduction of the agreed compensation for rescission of the employment contract as excessive, on the basis that the debtor holds another job, when it is established that this work preceded his joining the employment from which he was dismissed and did not follow his dismissal. Defective reasoning and an error in the application of the law.