Kuwait Court of Cassation principle number 2259

The employee's right to claim his prescribed financial entitlements. Its prescription upon the expiry of five years from the date of entitlement or one year from the date he becomes aware of them, whichever period expires sooner. The meaning of the knowledge from which the one-year limitation period 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, in the absence of an impediment, despite his knowledge of it. The provisions of one-year prescription apply. Absence of knowledge of the right. The period for this type of prescription does not begin. The court's ascertainment of the employee's knowledge of his aforementioned right and determination of the event from which - 437 - Obligation prescription begins. Questions of fact. Its assessment is a matter for the court of merits so long as it is reasonable. The challenged judgment's departure from the foregoing view. It renders it defective and requires its cassation.