The Labour Court ruled that The State Of Kuwait could not rely on sovereign immunity to prevent Nada Kanj’s unfair dismissal claim from being heard. The determination was dated 22 July 2019.
Kanj worked as an Academic Advisor at the Kuwaiti Cultural Office in Dublin. The Court found her role did not involve public powers or governmental authority and did not touch on Kuwait’s business. The substantive unfair dismissal claim itself remains undecided; the merits were not decided.
Kuwait argued that the role involved government policy and authority, while Kanj said her duties were administrative. The Court concluded the State could not invoke limited sovereign immunity to preclude determination of her claim.