Kuwait Court of Cassation principle number 4451

The parties to an employment contract agreeing upon the compensation due if the employer cancels it before expiry of its term. Effect thereof. Applying its provision as a rebuttable legal presumption of the occurrence of damage and the proportionality of the compensation to it. Consequence thereof. The creditor is not required to prove the damage and its extent, and the court does not intervene in the application of this clause. Exception. The debtor proving the absence of damage, in which case compensation is not due. Or his proving that the amount is excessive. The court of merits may assess whether or not it is excessive - its condition. - The challenged judgment’s reduction of the agreed compensation for rescission of the employment contract on grounds of excessiveness, based on the debtor working at another job, when it was established that this work preceded his joining the employment from which he was dismissed and did not follow his dismissal. Defective reasoning and an error in applying the law.