Kuwait Court of Cassation principle number 1583

Rights arising from application of the provisions of the Private Sector Labour Law. Claims thereto may not be heard after one year from the date of termination of the contract. The reason therefor. - The period prescribed for barring the hearing of an action. Does not run whenever there is an impediment rendering 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 in due time. Its condition. This must not be attributable to his fault or negligence. - Limitation may be waived expressly or impliedly after the right to invoke it has arisen. Implied waiver. 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 action. The appellant's silence as to invoking it until after discussing 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 more than one year after the date of termination of his service. Its import. The defence that the action may not be heard is well founded. This is not altered by determination of the disability percentage at a - 287 - Civil Procedure later date. Contravention thereof. Error in the application of the law and flawed inference.