Kuwait Court of Cassation principle number 394

Summary: - Exemption from judicial fees of actions brought by workers to claim their rights prescribed in 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 No. 38 of 1964 concerning Labour in the Private Sector—corresponding to Article 144/2 of Law No. 6/2010 concerning Labour in the Private Sector. An example. Rule: It is established in this Court’s jurisprudence 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.. If the action is dismissed, the court may order the person who brought it to pay all or part of the costs,’ indicates that, although the legislature, at the beginning of this paragraph, exempted workers from judicial fees for actions they bring to claim their rights prescribed in the Labour Law, it authorised the court, upon dismissal of the action, to order the worker who brought it to pay all or part of the costs, including lawyers’ fees.” That being so, and as it is established that the appellant—the worker—lost his appeal, and 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 correctly applied the law, and the appellant’s complaint in this respect is unfounded.