Kuwait Court of Cassation principle number 2361

A labour action. It is not heard after one year has elapsed from termination of the employment contract. This period is subject to suspension and interruption. - The procedure by which a labour action begins. Its nature. - The impediment considered a ground for suspending the running of limitation. It is that which makes it impossible for the creditor to claim his right before the courts at the appropriate time. Its condition. Its existence must not be attributable to his fault. - The appellant’s entry into employment with the successor on a date subsequent to the company’s devolution upon that successor. Its consequence. The appellant does not benefit from the provision of Art. 59 of Law 38 of 1964. His submission of his complaint more than one year after termination of his employment contract - 455 - Obligation with the predecessor. Its effect. The plea of non-hearing of the action is well founded. This is not altered by his reliance on the existence of a moral impediment. The reason therefor.