Kuwait Court of Cassation principle number 4533

The respondent’s acknowledgment in the release signed by him that he received all his employment entitlements from the appellant company and that he has no right to claim any entitlements from it in the future, whether mentioned in that release or not, and that its terms are explicit and conclusive as to his receipt of all his entitlements and his waiver of any claim exceeding their amount. Its import. That release becomes binding evidence against him, and he is fully bound by it regarding his entitlements against the company, and he may not again claim any of those entitlements from it. The challenged judgment’s departure from this view and its invalidation of that release on the basis that it diminishes the respondent’s entitlements and that he signed it before the lapse of three months from the date his service ended, pursuant to Article 115 of the new Labour Law No. 6/2010, notwithstanding that this law does not apply to the present dispute because the employment relationship ended and the release was issued before it came into force. Vitiates the judgment and requires its cassation.