Monday , December 18 2017

From jail, fine to acquittal for man; ‘Pay employee’s indemnity’

‘Pay employee’s indemnity’

Al-Hassawi

KUWAIT CITY, April 27: The Criminal Section in the Court of Appeals cancelled the verdict of the First Instance Court which sentenced in absentia a citizen to four years in prison and fined him KD2,000 for possession of drugs leading to his acquittal. Case files indicate the arresting officer testified in the Public Prosecution that while he was on duty in a market in Jahra, he noticed a car with two men inside. One of them went out and broke the window of the car. Another man was standing next to the car and the three men appeared to be in abnormal condition. The officer searched the man who was standing and did not find any narcotics in his possession but he arrested the three men as they looked intoxicated. Attorney Jawad Husain, who represented the man standing near the car in court, pointed out loopholes in the arrest and search procedures as his client was not arrested red-handed. He added the officer did not obtain a warrant from the Public Prosecution to arrest and search his client, so he demanded for the latter’s acquittal.

 ‘Pay indemnity’: The Administration Court obliged a major foodstuff and poultry company to pay indemnity worth KD 22,000 to one of its former employees who worked for the company from 1994 to 2013. R e p r e – senting the e m p l o y e e was Lawyer Khawlah Mubarak Al- Hassawi, who explained that her client was employed by the company in 1994 as an area supervisor for a salary of KD 750 per month. In 2013, the company ended his service and failed to honor the articles of the labor law concerning end-of-service dues, which the company must pay its employees. Lawyer Al-Hassawi affirmed that end-of-service indemnity is the right of the employee as per the law and regulations, insisting that her client deserve the indemnity as well as compensation for the leaves he did not take, as per articles 52 and 54 of the labor law.

Case dismissed: The Ja’afari Family Section at the First Instance Court dismissed the lawsuit filed by a woman who asked to be divorced from her husband due to the harm he caused her. The court also obligated the woman to pay the legal fees. Attorney Mohammad Khalil al-Qattan, the husband’s lawyer, pointed out that in Ja’afari sect, the grounds for divorce do not include neglecting financial needs of the family, deserting the wife or causing her troubles. He cited the Ja’afari doctrine, indicating that in case the husband carries out such acts, the wife has the right to file a complaint to the governor to prevent him from hurting his wife or to divorce her. If the husband refuses, the governor has the power to force him to divorce his wife, the lawyer explained. He added the plaintiff did not present any evidence to support her claims and she did not ask the court to allow her to prove her claims.

By Jaber Al-Hamoud Al-Seyassah Staff

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