Kuwait Court of Cassation principle number 292

Summary: - Exemption from court fees of actions brought by workers to claim their rights prescribed by the Labour Law. If the action is dismissed, the court has discretion to order the worker who brought it to pay all or part of the costs, including lawyers’ fees. Article 96/1 of Law 38 of 1964 concerning Labour in the Private Sector—corresponding to Article 144/2 of Law 6 of 2010 concerning Labour in the Private Sector. An example. Rule: It is established in the jurisprudence of this Court that “the provision in the first paragraph of Article 96 of Law No. 38 of 1964—corresponding to Article 144/2 of Law No. 6 of 2010—concerning Labour in the Private Sector, that ‘actions brought by workers pursuant to the provisions of this Law shall be exempt from fees.. and the court may, if the action is dismissed, order the person who brought it to pay all or part of the costs,’ indicates that, although the legislature exempted workers, at the beginning of this paragraph, from court fees for actions they bring to claim their rights prescribed by the Labour Law, it authorized the court, upon dismissing the action, to order the worker who brought it to pay all or part of the costs, including lawyers’ fees. That being so, and it being established that the appellant—the worker—lost his appeal, the challenged judgment applied the second paragraph of Article 144 of Law No. 6 of 2010 concerning Labour in the Private Sector—corresponding to the first paragraph of Article 96 of Law No. 38 of 1964—by exempting him from the costs of the appeal, including lawyers’ fees. The judgment therefore correctly complied with the law, and the appellant’s complaint in this regard is unfounded.