Labour Case Defence Memorandum in Kuwait: Key Defences and Sample Template
By Counselor Ahmed Mohamed Naguib Abdelhadi / November 05, 2026
Labour Case Defence Memorandum in Kuwait: Key Defences and Sample Template
A labour case defence memorandum presents an employee’s or employer’s position to the court, responds to the opposing party’s claims, and connects each defence to its supporting documents. A well-prepared memorandum begins by identifying the disputed issues: length of service, wages, the reason employment ended, the amounts claimed, and payments already made.
In this guide, Ineqad Law Firm explains how to organise a labour defence memorandum and the main issues to review, with an adaptable template.
What Is a Labour Defence Memorandum?
It is a written presentation of the facts, defences, requests for relief, and supporting documents in an employment dispute. It may contain the defendant’s response or the claimant’s reply to the opposing party’s defence.
Before drafting, review the statement of claim and hearing records so that the memorandum addresses the issues actually before the court.
This article focuses on private-sector employment disputes. Identify the applicable legal framework before using the template.
How to Prepare a Labour Case Defence Memorandum in Kuwait
1. Summarise the Relevant Facts
Prepare a timeline covering the employment start date, job title, wages, contractual amendments, and the date and reason employment ended. Distinguish agreed facts from disputed facts.
2. Break Down the Financial Claims
Do not simply state that an amount is correct or excessive. Address each claim separately, identifying the period concerned, calculation method, payments made, and remaining disagreement.
Disputed Issue | Documents to Review |
|---|---|
Wages and their components | Employment contract, payroll records, and bank transfers |
Length of service | Appointment contract, correspondence, and employment termination document |
Leave balance | Leave requests, leave balance records, and settlement statements |
Reason for dismissal | Dismissal decision, investigation records, and correspondence |
Overtime | Attendance records, work instructions, and payment records |
Payments already made | Bank transfers, receipts, and settlement acknowledgements |
3. Link Each Defence to Its Evidence
Effective drafting combines three elements: the fact, the supporting document, and their effect on the claim.
Example: “We request that the amount paid for the month of (…) be deducted from the claim, as established by the bank transfer attached as Exhibit (…).”
4. Check the Filing Method and Deadline
Review the court’s directions, deadlines for exchanging memoranda, and filing method applicable to the case. Prepare the memorandum early, with numbered exhibits and a clear index, and retain proof of submission.
What Should the Defence Memorandum Include?
The memorandum should generally contain:
The court and division, case number and year, and hearing date.
The parties’ names and capacities, and details of the submitting party and their representative.
A summary of the facts and the opposing party’s claims.
A separate response to each disputed claim.
The relevant legal grounds and references to supporting exhibits.
The final requests for relief, date, and submitting party’s name and signature in the appropriate capacity.
Use the term “facts of the case” when discussing a financial employment claim, and keep the language precise and measured.
Key Defences in Labour Cases
Dismissal Under Article 41
Article 41 distinguishes between paragraphs (a) and (b). Paragraph (a) concerns dismissal without notice, compensation, or end-of-service gratuity in specified circumstances, including an error causing substantial loss, obtaining employment through fraud, and disclosing business secrets subject to the statutory conditions.
Assault falls under paragraph (b), which provides for entitlement to gratuity. The consequences of these provisions should not be confused.
Termination by the Employee Under Article 48
Article 48 allows an employee to terminate the contract without notice while retaining entitlement to end-of-service gratuity in specified circumstances, including the employer’s breach of the contract or the law.
Where a health risk is relied upon, the provision refers to a decision by the Ministry of Health’s Medical Arbitration Committee.
Non-Hearing of Claims Under Article 144
Article 144 addresses the non-hearing, where the claim is denied, of employees’ claims based on the Labour Law after one year from the end of the employment contract, with reference to Civil Code provisions.
Review the relevant dates and circumstances before relying on this defence.
Claim Procedures Under Article 146
Article 146 requires an application by the employee or their beneficiaries to the competent Labour Department before court proceedings, to attempt settlement, followed by referral to court if settlement is unsuccessful.
Source: Labour Law No. 6 of 2010 — Kuwait Government Online.
Payment and Calculation Disputes
The defence may concern a payment that has not been deducted, a disputed period of service, or the wage basis used in the calculation.
A comparison table should identify the opposing party’s claim, the amount accepted, the amount disputed, and the reason for the difference.
Sample Labour Defence Memorandum in Kuwait
This template provides an illustrative structure and must be adapted to the facts and documents of the case.
Before the Court: (…)
Labour Division: (…)
Case No.: (…) of (…)
Hearing Date: (…)
Defence Memorandum Submitted by:
Mr./Company: (…)
In the capacity of: (…)
Against:
Mr./Company: (…)
In the capacity of: (…)
First: Facts
The employment relationship began on (…) in the position of (…), at a wage of (…), and ended on (…).
The opposing party claims (…) in respect of the following items: (…).
The disputed issues are: (…).
Second: Defence
1. Regarding the wage claim
The submitting party maintains that (…), as supported by Exhibit (…), and accordingly requests (…).
2. Regarding the length of service and calculation basis
Exhibit (…) establishes that (…). The submitting party therefore requests that the calculation be reviewed on the basis of (…).
3. Regarding the end of the employment relationship
In response to the reason stated in the statement of claim, the submitting party states that (…) and relies on (…), identifying the applicable legal provision and explaining how it applies.
4. Regarding payments already made
An amount of (…) was paid on (…) in respect of (…), as established by Exhibit (…). The submitting party requests its deduction from the same claimed item to avoid double counting.
Third: Requests for Relief
The submitting party respectfully requests that the Court:
Dismiss the specifically identified claims unsupported by the facts and documents.
Deduct payments proven to have been made against the claimed items.
Alternatively, appoint an accounting expert where necessary, specifying the issues to be examined.
Determine costs and legal fees in accordance with the law.
Submitted by: (…)
Capacity: (…)
Date and Signature: (…)
Schedule of Exhibits
Employment contract and amendments.
Relevant payroll records and bank transfers.
Correspondence and employment termination decisions.
Other documents, explaining the relevance of each to the defence.
Remove requests that do not apply. If the submitting employee is seeking financial relief, their claims should be made through the appropriate procedural route.
Mistakes to Avoid
Copying a template from a different dispute without review.
Denying all claims without providing calculations or supporting documents.
Citing an article number without explaining its relevance to the facts.
Attaching disorganised or illegible documents.
Ignoring an expert report or responding only in general terms.
Including conflicting requests without distinguishing the primary and alternative relief sought.
Lawyers and Consultation Enquiries
Lawyer’s Name | Ineqad Enquiry Number |
|---|---|
Lawyer Fahad Al-Saeed | +96566668811 |
Lawyer Riyad Al-Fadhli | +96566668811 |
Lawyer Ahmed Al-Fadhli | +96566668811 |
Ahmed Mohamed Naguib Abdelhadi | +96566668811 |
Ahmed Salah Al-Serri | +96566668811 |
This is Ineqad’s central enquiry number, not a personal number for any of the lawyers listed. Contact the firm to enquire about arranging a consultation with the requested lawyer and their availability.
Frequently Asked Questions
How Do I Start Writing a Labour Defence Memorandum?
Begin with the statement of claim and identify the requests for relief. Then organise the facts and documents chronologically and prepare a separate response to each claim.
Can the Same Template Be Used by an Employee and an Employer?
The general structure can be used, but the facts, defences, and requests for relief vary according to the party’s position and supporting documents.
What Should I Attach to the Memorandum?
Attach documents relevant to the defence, such as the employment contract, bank transfers, and correspondence. Number them and refer to them in the text.
How Do I Respond to an Expert Report?
Identify the disputed finding and its page or item number. Explain the error, the supporting document, and the requested adjustment to the calculation.
Contact Ineqad Law Firm
To request preparation or review of a labour case defence memorandum in Kuwait, have the statement of claim, latest hearing record, employment contract, and financial documents ready for the consultation.
Ineqad Law Firm – Legal Consultancy
Phone and WhatsApp: +96566668811
WhatsApp: Request a consultation
Website: ineqad.com
Email: info@ineqad.com
