Kuwait Court of Cassation principle number 2029

Rights arising from application of the provisions of the Private Sector Labour Law. A claim for them may not be heard after the lapse of 1 year from the date of termination of the contract. The reason therefor. - The period prescribed for barring the hearing of an action. It does not run whenever there is an impediment making it impossible for the creditor to claim his right, even if moral. - The impediment constituting a ground for suspending the running of the period required to bar the hearing of an action. Its nature. That which makes it impossible for the creditor to claim his right before the courts at the appropriate time. Its condition. This must not be attributable to his fault or negligence. - 386 - Obligation - Limitation may be waived expressly or implicitly after entitlement thereto has arisen. Implicit waiver. It must be inferred from a factual indication negating the intention to invoke it. - A plea that an action may not be heard. A substantive defence that may be raised at any stage of the proceedings. The appellant's silence in invoking it until after discussing the merits of the action. Does not signify waiver of his right to raise it. - The respondent's submission of his claim to the Labour Department more than 1 year after the date of termination of his service. Its implication. The plea that the action may not be heard is well-founded. Determination of the disability percentage at a later date does not alter this. Departure therefrom. An error in the application of the law and faulty reasoning.