Kuwait Court of Cassation principle number 2362

Rights arising from the application of the provisions of the Private Sector Labour Law. Claims thereto may not be heard upon the lapse of one year from the date of termination of the contract. The rationale therefor. - The period prescribed for barring an action from being heard. It does not run whenever an impediment exists that prevents the creditor from claiming his right, even if it is moral. - The impediment constituting a ground for suspending the period required to bar an action from being heard. Its nature. That which makes it impossible for the creditor to claim his right before the courts in due time. Its condition. That this not be attributable to his fault or negligence. - Permissibility of expressly or impliedly waiving prescription after the right thereto has accrued. Implied waiver. It must be inferred from a factual indication negating an intention to invoke it. - The defence that the action may not be heard. A substantive defence that may be raised at any stage of the proceedings. The appellant’s silence as to invoking it until after discussion of the merits of the action. Does not indicate waiver of his right to raise it. - The respondent’s submission of his application to the Labour Department after more than a year had elapsed from the date his service ended. Its consequence. The defence that the action may not be heard is well-founded. This is not altered by determination of the disability percentage at a later date. A contrary conclusion. Error in applying the law and defective reasoning.