Kuwait Court of Cassation principle number 2028

Labour action. Not to be heard after one year from the termination of the employment contract. This period is subject to suspension and interruption. - The procedure by which a labour action commences. Its nature. - The impediment constituting a ground for suspending the running of prescription. It is that which makes it impossible for the creditor to claim his right before the courts in due time. Its condition. That its existence is not attributable to his fault. - The appellant’s commencing work with the successor on a date subsequent to the company’s devolution to him. Its implication. The appellant does not benefit from Article 59 of Law 38 of 1964. His submission of his complaint more than one year after the termination of his employment contract with the predecessor. Its effect. The plea that the action may not be heard is well-founded; his reliance on the existence of a moral impediment does not alter this. The rationale therefor.