Kuwait Court of Cassation principle number 2075

An employee's right to claim the financial entitlements established for him. It becomes time-barred upon the lapse of five years from the due date or one year from the date of his knowledge thereof, whichever period expires earlier. The meaning of knowledge from which the one-year limitation begins to run: the employee's actual, not conjectural or presumed, knowledge of his financial right, 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 on one-year limitation apply. Absence of knowledge of the right. The period of this type of limitation does not begin. The court's inference of the employee's knowledge of his aforesaid right and ascertainment of the event from which limitation begins. Matters relating to fact. Their assessment is for the trial court, provided it is reasonable. The challenged judgment's departure from the foregoing view. This vitiates it and requires its cassation.