Kuwait Court of Cassation principle number 5019

Rights arising from the application of the provisions of the Labour Law in the Private Sector. A claim for them may not be heard after one year from the date the contract ended. The reason for this. - The period prescribed for barring the hearing of an action. Does not run whenever an impediment exists that makes it impossible for the creditor to claim his right, even if it is moral. - The impediment considered a ground for suspending the running of the period required to bar the hearing of an action. Its nature. That which makes it impossible for the creditor to claim his right before the courts in due time. Its condition. This must not be attributable to his fault or negligence. - Prescription may be waived expressly or implicitly after the right thereto has accrued. Implicit waiver. Must be inferred from a factual indication negating an intention to invoke it. - The plea barring the hearing of an action. A substantive defence that may be raised at any stage of the action. The appellant’s silence as to invoking it until after discussing the merits of the action. Does not signify waiver of his right to raise it. - 971 - Labour - The respondent’s submission of his application to the Labour Department more than a year after the date his service ended. Its implication. The plea barring the hearing of the action is well-founded. The determination of the disability percentage at a later date does not alter this. A contrary conclusion. An error in the application of the law and flawed inference.