Kuwait Court of Cassation principle number 4963

Exemption from fees of actions brought by the worker. If the action is dismissed, the court may order him to pay all or part of the costs, including lawyers’ fees. Article 96/1 of Law 38/1964. Its import. Costs may be awarded only where the action is dismissed. - Granting the appellant - the worker - some of his claims before the court of first instance and his losing his appeal. Its import. He has won his action since he has not lost what was awarded to him. The necessary consequence: he may not be ordered to pay the costs of his appeal. The reason for this. The discretion conferred by the legislature upon the court is contingent upon dismissal of the action. The challenged judgment’s departure from this view and its ordering him to pay appeal costs. A violation of the law and an error in its application requiring its partial cassation as to what it awarded. - 960 - Labour - Hearing the labour action as a matter of urgency:-