Kuwait Court of Cassation principle number 938

The employee's right to claim the financial entitlements prescribed for him. It is time-barred upon the lapse of five years from the due date or one year from the date of his knowledge thereof, whichever period is earlier. What is meant by the knowledge from which the one-year limitation period begins to run: the employee's actual, not conjectural or presumed, knowledge of his financial entitlement, its extent and its essential elements, enabling him to claim it administratively and judicially. Expiry of the period without claiming the right, with no impediment, despite his knowledge thereof. The provisions governing 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 right as described above and ascertainment of the event from which limitation begins. Among matters relating to fact. Its assessment is for the court of merits, provided it is sound. The challenged judgment's contravention of the foregoing view. Renders it defective and requires its cassation.