What Is Unfair Dismissal?
Unfair (arbitrary) dismissal is the termination of an employee by the employer without a legitimate reason or without observing the safeguards set out in Kuwait's Private Sector Labour Law No. (6) of 2010 and its amendments. A dismissal is arbitrary where it is based on a reason unrelated to work, on the worker asserting lawful rights, or in retaliation for a complaint filed against the employer.
The Worker's Rights
- Unfair-dismissal compensation assessed by the court according to the circumstances and length of service.
- Payment in lieu of notice where the statutory notice period was not given.
- End-of-service benefit for the full period of service under the law.
- Accrued leave balance and any unpaid dues.
How to Claim
A claim usually begins with a complaint to the Labour Relations Department seeking amicable settlement; if that fails, the case is referred to the competent Labour Court. Keeping contracts, correspondence and payslips is strongly advised to support the claim.
Conclusion
The rights of an unfairly dismissed worker are protected by law, but obtaining them requires precise procedures and strict deadlines. The team at Yumnaak Law Firm has experience in labour matters in Kuwait and is glad to advise and pursue your claim until your full rights are secured.
